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� t � � d • „ � � �• IW V ��� V �� � <br />interest. Lender shall not be required to commenc� proceedings against any successor in interest or refuse to <br />extend titne For payment or otherwise xnodify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Sorrower or Borrower's successors in interest. Any farbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or 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 Borrower, <br />subject to the provisians of section titled Transfer of the Property or a Bene�cial Interest in Borrower. <br />Borrower's covenants and agreements sha11 be joint and several. Any person who co-signs this Security Instrument <br />but does not execute the Note ("Accommodation Signer"): (a) is co-signing this 5ecurity Instnunent only to <br />mortgage, grant and convey that Accommodation Signer's interest in the Property under the ternts of the Security <br />Instnunent; (b) is not personally obligated to pay the sums secured by this Security Instruxnent; and (c) agrees that <br />Lender and any other Borrower may agree to extend, modify, forbear or tt�ake any accommodations with regard to <br />the terms of tlus Security Instrument or the Note without that Accommodation Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in <br />___ .coru�,ectiaz� with the laan exceed the permiited limits, then: (a) any sucl� laan charge shall be reduced by the <br />amnunt necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces <br />principal, the reduction will be treated as a partial prepaynnent without any prepayment charge under the Note. <br />Nodces. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />— ... _. <br />mailing it by first class maiI unless Applacali7e Law e�yuires use of another method. 'Fhe no�ice shall be directe to <br />the Property Address ar any other 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 I.ender designates by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Insttument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this 5ecurity Instnunent or the Note which can be <br />given effect without the conflicting provision. Ta this end the provisions of this 5ecurity Instrument and the Note <br />are declared to be severable. <br />Borrawer's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />Transfer of the Property or a Bene�cial Interest in Borrower. If all ar any part of the Property or any interest <br />in it is sold or transferred (ar if a beneficial interest in Borrower is sold or transferred and Sorrower is not a <br />natural person) unless the Note shows that Borrower's loan is assumable, L.ender may, at its option, require <br />immediate payment in full of all sums sectu'ed 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 Instrument. If the Note <br />shows that Borrower's lpan is assuxnable, Sorrowe� must obtain Lender's written perinission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lendsr may require <br />immediate payment in full of all sums secured by this Security Insmiment. <br />If I,ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the notice is <br />deliveted or mailed within which Borrower must pay all sums secured by this Security InsUument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pernutted by this <br />Security Instrument 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 />enforcement of this Security Tnstrument discontinued at any ti�ne prior to the earlier af: (a) 5 days (or such other <br />period as Applicable Law may specify fpr reinstatement) before sala of the Property pursuant to any power of sale <br />— -.. . __ _ �nstrurnent; or (b� t�y of a ju�ent , �n€v�eing- fi�s�ee� ���nt—Tkiose . <br />conditions aa'e that Borrower: (a) pays I.ender all sums which then would be due under this Security Insm�ment <br />and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation ta pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secur�d hereby sha11 remain fi�lly et�ective as if no._accelex�tion had occurred. However, this <br />right to reinstate shall not apply in the case oF acceleration under the section titled Transfer of the Property or a <br />Bene�cial Interest in Borrower. <br />Sale of Note Change of Loan Servicer. 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 (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security <br />Insttument. There also may be ane or more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a chan�e af the Loan Servicer, Bortower will be given written notice of the change in accordance with the section <br />titlad Notiees and Applicable Law. The notice will state the name and address of the new Loan Servicer atad the <br />� 2004-2009 Compliance 5ystans, Inc. 002D-992D - 2009.12.368 <br />Cottisumer Resl Eatatc - Sxurity Instnunent DL2036 Page 4 af 6 www.eomplisncesystems.eom <br />