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a. ? : , � � $ . 201009215 Unless Lender and Bc?rrower ciiherwise agree in writing, any application of proceeds ta principal shall not extend or postpone the due date af Che paymenCs Payment of Principal and Interest; Late Charges and Funds for Taxes and Irrsura��ce or change tlie amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Ext�nsion of the time for payinent or modi�cation of amortization of the sums secured by this Security Instrumant granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or �orrower's successars in interest. Lender shall not be required Co eommence proceedings against any successor in interest or refu'se to extend [ime for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of� any demand made by the c�riginal T3orrower or Borrower's successors in interest. Any forbearance by Lencier in exercising any right or re�nedy shall not be a waiver of or preclude the exercise of any right or ramedy. Successors and Assigns Bound; .loint and Several Liability; Accomntodation Signers. The covenants and agreeinents of this Security Instrument yhall bind and benefit Che succcssors and assigns of Lender and Borrower, subject ta che provisions of seation titled Transfer of the Property or a Bene�cial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs t1�is Security instrument but does not execute fhe Note ("Accommodation Sign�r"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that.Accommodation Signer'S interest in the Praperty under the terms of the Security Instrumerat; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that l,ender and any other Borrow�r may agree to extend, modify, f�rb�ar or make any accommodations with regard to the terms of this Security Instrument or the Note without Chat Accommodation Signer's consent. Loan Charges. If fhe loan secured,by this Security Instrumenc is subject to a law which sets maximum loan charges, and that 1aw is tinally interpreted so that the interest c�r otlier loan charges collected or to be collected in cannectio�, with. the loan exceed. ; the pertnitt�d limits, Chen: (a) any such loan charge shall be reduced by the amnunt. necessary to r�duce the charge to the permitted limits and (b) any sums already collected from Borrower which exceed�d permitted limits will be refunded to Borrower. Lender may choose to make this refund by reduci�ig �he principal owed under tl�e Note or by making a direct payment to 13orrower. If a' refund reduces principal,' th� reduction will be treated as a partial prepay�nent without any prepayment charge under the Note. Notices.,Any notice to Borrower provided for in this 5ecurity Instrument shall be given by delivering it or by. mailing it by first class mail unless Applicable Law requires use of another method. 'I"he notice shall be directsd to the Property Address or sny nther address Borrower desibnates by noCice to T,ender. Any notice to I,ender shall be given by first class mai] to I.,ender's address stated herein or any ofher address Lender designates by notice to Borrpwer. Any notice provided for in this Security Instrument shal1 b� deemed to have been given to Borrower or Lender when biven,as provided in t1�is paragraph. Governing i.aw; Severability. 7'his Security Insfrument shall be gnverned by federal law and the laws of the state nf Nebraska. In the event that any provision or elause of this Security Instrument or the Note contlicts with Applivable Law, sucfi conflict shatl not affect other prnvisions of this Security Instrument or the Note which can be given effect without the cont]icti'ng provision. To this end the provisions of this Security Instrument and the Note ar� deelared to be severable. Borrower's Copy. Bc�rrower sha11 be given one conformed copy of this Security Instrument. Transfer of the Property or a Bene�cial Interest in Borrawer. If a11 or any part of the Property c�r any interesC in it is sold or transferred (or iF a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) unless the Note shows that 13orrower's lnan is assumable, Lender may, at its option, require immediate payment in full of all Slltllti secured by this Security Cnstrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Tnstrument. IF the Note shows that Borrower's loan is a5sumable, Borrower must obtain i_ender's written permission for an assumption and follow any other requirements of C�ender related to an assumption. If Borrower does not do so, Lender may require immediate payment in full of all surns secured by this Security Instrurnent. If I.ender exercrses this option, Lender shall give Borrnwer notice of acceleration. The notice shall provide a period a� not less than the minimum number of days established by Applicable Law fro�n th� c�ate ihe ,natic,� ia delivcred or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums �rior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiirther notice or dem�nd on Barrawer. Borrower's Right to Reinstate. If Borrower meets certain coniiitions, Borrower shall have the right to have enforcement of thi5 Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such otliet' period as Applicable Law may specify for reinstatement) before sale of the Properry pursuant to �ny power of sale contained in this Security Instrument; or (b) entry of a jud�ment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays I.ender all sums which then would be due under tliis Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all ex�en5es incurr�d in enfi�rcing this Securiry Instnirnent, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Sc:curity Inatrument, Lender's rights in 1he Property and Borrower's obligation to pay the sums secured by this Security Instnunent shall continue unchanged. Upon reinstatement hy Borrower, tiais Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, tl�is right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a Bene�cial Interest in Borrower. 6� 2004-2009 C:umplixncc Systems, Inc. 002D-7C46 - 2009.12.368 Cnns�mer Reat Estate - tiecurity In5lrumept DL2036 . � Page 4 nf G www.compliancesystems. enm