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201009461
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12/20/2010 2:37:39 PM
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12/20/2010 2:37:38 PM
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201009461
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�' ' t� �� ' °F' 201009461 <br />interest. Lender shall not be required to cotnmence proceedings against any successor in interest or refuse to <br />extend time for payrnent or otherwise modify atno�tization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrawer's successors ian interest. Any forbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise af any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Sig�ners. 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 provisions of section titled Transfer of the Property orr a Bene�cial Interest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument <br />but daes not execute the Note ("Accomztaodation Signer"): (a) is co-signing this Security Instnunent only to <br />mortgage, grant and cpnvey that Accommodation Signer's interest in the Property under the terms of the Security <br />Instiument; (b) is not personally obligated to pay the sums secured by this Security Inshluxient; and (c) agrees that <br />�,ender and any other Borrower ztaay agree to extend, modify, forbear or make any accommadations with regard to <br />the terms of this Security Instniment 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 finally interpreted so that the interest nr other loan charges callected or to be collected in <br />connection with the loan exceed the pernutted 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 />which exceeded psrmitted liatxiits will be refunded to Borrower. Lender nriay choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepaymcnt without any prepayrnent charge under the Note, <br />Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by �rst class mail unless Applicable Law requires use of another method. The notice shall ba directed to <br />the Property Address or any other address Borrower designatea by notice to I..ender. 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 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 Instrument ar the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br />given e£fect without the contlicting provision. To this end the provisions of this Security Inst�'ument aand the Note <br />are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />'�'ransfer of the Property or a Bene�cial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br />natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require <br />imnaediate payment in full of all sums secured by this Security Instrument. However, this option sha11 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 loan is assuxnable, Borrower nnust obtain Lender's written permission for an assumption and <br />t'ollow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may requirc <br />imznediate payment in full of all surns secured by this Security Tnstrument. <br />If Lender exercises this option, Lender shall give Bortower notice of acceleration. The notice shalt provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration o£ this period, Lender may invoke any remedies permitted by this <br />Securiry Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Boxrower shall have the right to have <br />enforcement of this Srcurity Instrument cliscontinued at any time prior to the earlier of: (a) 5 days (or suoh 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 Instnunent; or (b) entry of a judgment enforcing this Security Instrument. 'I'hose <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this 5ecurity Instxument <br />and the Note as i£ no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrumeztt, including, but not limited to, reasonable attorneys' <br />fees to tbe extent pernaitted by law; and (d) takes such action as I,ender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in ths Properry and Borrower's obligation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />atad the obligations secured hereby shall remain fully effective as if no acceleration had accurred. However, this <br />right to reinstata 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 tizxaes without prior notice to Borrower. A sale may result in a change in the <br />entity (known as the "Loan 5ervicer") that collects periodic payments due under the Note and this Security <br />Instrument. There also rnay be one ar more changes of the Loan Servicer unrelated to a sale of the Note. If there is <br />a change of the Loan Servicer, $orrower will be given written notice of the changa in accordance with the section <br />titled Notices and Applicable Law. The notice will state the name and address of the new Loan Servicer and the <br />� 2004-2009 Compliancc Systems, Inc. 002D-D.SCD - 2009.12.368 <br />Consumer Real Eetete - Seeunty instrument DL2036 Pdge 4 of 6 www.camplienecsystcros.eom <br />
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