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, ,';� ;, �f;; ; � A 20i009380 interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exet'cising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Acconnmodation Signers. The covenants and agreements af this Security Instnunent shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled 'I'ransfer of the Property or a Beneficial Interest in Barrower. Borrower's covenants and agreez�aents shall be joint and several. Any person who co-signs this Security Instrument but does not execute the Note ("Accomz�nodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Secuxity Instrument; (b) is not personally obligated ta pay the sums secured by this Security Tnstnun�nt; and (c) agrees that T,ender and any other Borrower may agree to extend, modify, forbear or make any accomrnodations with regard to the terms of this Security Instrument or the Note without that Accomm,odation Signer's consent. Laan Charges. If the loan secured by this Security Instrutnent is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrawer which exceeded pernutted limits will be refunded to Borrawer. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refi,tnd reduces principal, the reduction will be tr�ated as a partial prepayment without any prepayment charge under the Note. Notice�. Any notice to Bonower provided for in this Security Ipstrument shall be giu�n by deliverin� it or by mailing it by �rst class mail unless Applicable �.aw requires use of anather method. The notice shall be directed to the Property Address or any other address $orrower designates by notice to Lender. Any notice to Lender shall be given by first nlass mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraska. In tha event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instruxn.ent or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security InsU�ent and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy pf this Security Tnstrument. Transfer of the Property or a Bene�cial Interest in Borrower. If all or any part of the Property or any interest 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 Borrower's loan is assuxnable, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised hy Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and fallow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require unmediate payment in full of all sums secured by this Security Tnsmzment. If L,ender exercises this optzon, Lender shall give Sorrower notice of acce]eration. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the nptice is delivered or mailed within which Barrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this periad, Lender r�aay invoke any remedies permitted by this Security Instrutnent without further notice or demand on Borrower. Barrower's Raght to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instxument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicable Lttw may specify for reinstatement) before sale of the Froperty pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instntznent. Those conditions are that Borrower: (a) pays L,ender all suzns which then would be due under this Security Instntment and the Note as if no acceleration had occurred; (b) cures any default of any ather cavenants or agreements; (c) pays all expenses incurr�d in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to tha extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that t}�e lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this 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. Sale of Note Chaange of Loan ServiCer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects periodic payments due under the Note and this Security Instruament. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of th� Loan Servicer, Barrower will be given written notice of the change in accordance with the section titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the � 2004-2009 Compliance Syatems, lnc. 002p-7FE1 - 2009.12.368 Consumc[ Real Estate - Security Instrumen[ DL2036 Page 4 of 6 www.compliancesystems.com