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201008770
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Last modified
1/11/2011 2:08:46 PM
Creation date
11/24/2010 1:50:00 PM
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201008770
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cr : r ., �. �: ► ;, s �01008�"�C� <br />interest. Lender shall not be required to coznmence proceedings against any successor in interest or refuse ta <br />extend time for payrnent or otherwise modify acnortization of the sums secured by this Security Instrurnent by <br />reason of any demand made by th� original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right ar remedy. <br />Successors and Assigns Bound; Joint and Several LiabilIty; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and �orrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. <br />Borrower's covenants and agreements shall be jaint and several. Any person who co-signs this Security Instrument <br />but does not execute the Note ("Accomrnodation Signer"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Accommodation Signer's intarest in the Property under the terms of the Security <br />Instrument; (b) is not personally obligated ta pay the sums secured by this Security Instrument; and (c) agrees that <br />Lender and any other Barrower may agree to extend, modify, forbear or make any accommodations with regard to <br />the terms of this Security Tnstrument or the Note without that Accommadation Signer's consent. <br />Loan Charges. If the loan. secured by this Security Instrument is subject to a law which sets maximurn loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />whic.h exceeded permitted limits will be refunded tm Bnrz'ower. Lender tnay choose to make this r�funt} by <br />reducing the principal owed under the Note or by maki.ng a direct payment to Borrawer. Tf a refund reduces <br />principal, the reductian will be treated as a partial prepayment without any prepayment charge under the Note. <br />Notices. Any notice to Borz'ower provided for in this Security Instrument shall be given by dalivering it or by <br />mailing it by first class mail unless Applicable Law requires use of another method. The notice slaall be directed to <br />the Property Address or any ather address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given tn Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This 5ecurity Instruznent shall be governed by federal law and the laws of tha state <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such canflict shall not affect nther provisions of this Security Tnstrument or the Note which can be <br />givezz effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note <br />are declared to be s�verable. <br />Borrower's Copy. Borrower shall be given nne conformed copy of this Security Instniment. <br />Transfer of the �roperty or a Bene�cial Interest in Borrower. If all or any part of the Property or aany interest <br />in it is sold or transfarred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br />natural person) unless the Note shaws that Borrower's loan is assumable, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrum.ent. If the Note <br />shows that Borrower's loan is assumable, Bnrrower must obtain Lender's written pernussion for an assumptiozz and <br />follow any other requireza ients of Lender related to an assurt�ption. If Borrower does not do so, I,ender may require <br />immediate payment in full of all sums secured by this Security Instiument. <br />If T ender exercises this option, Lender shall give Borrower notice of acceleratian. The notice shall provide a <br />period of not less tlaan the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrowec must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instniment without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower Shall have the right to have <br />en£orcement of this Security Instrument discontinued at any time prior to the earlier o£ (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment en£orcing this Security Instrument. Those <br />conditions are that Barrower: (a) pays Lender all sums which then would be due under this Security Iztstrument <br />and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expezzses incurred in enforcing this Security Instniment, including, but tzot limited to, reasonable attorneys'. <br />fees to the extent permitted by Iaw; and (d) takes such action as 'Lender may reasonably require to assure that the <br />lien of this Security Instnunent, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrurnent <br />and the obligations secured hereby shall remain fully ef�'ective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property ar a <br />Bene�cial Interest in Borrower. <br />Sale of Note Change of Loan Servieer. The Note or a partial interest in the Note (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the <br />entity (kx►own as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Instnzment. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a change of the Loan Servicer, Borrower will be givez� written notice of the change in accordance with the section <br />titled Notices and Applicable Law. `I'he notice will state the name and address of the new I,oan Servicer and the <br />a� 2004-2009 Comptiance Systems, inc. 002D-EFDI - 2009,12.368 <br />Consumer Rcal Estate - Security lnstrument DL203B Page 4 0(6 www.eamplianeesystcros.com <br />
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