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201009633
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12/23/2010 4:04:10 PM
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12/23/2010 4:04:09 PM
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201009633
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° , �• , � � 2U1UU9633 <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />exten.d time for payment or atherwise modify amortization of the sums secured by this Security Instrument by <br />reason af any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />�,ender 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; Jaint and 5everal Liability; Accommodstion Signers. 7'he covenants and <br />agreenients of this Security Ins�irwnent shall bind and benefit the successors and assigns af Lender and Borrower, <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 joint and several. Any person who co-signs this 5ecurity Instrument <br />but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument only to <br />mortgage, grant and convey that Accommadation Signer's interest in the Prpperty under the terms of the Security <br />Instrument; (b) is not personally obligated to pay the sums secured by this Security Instnxment; and (c) agrees that <br />Lender and any other Borrower may agree to extend, rnodify, forbear or make any accommodations with regard to <br />the terms of this 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 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 />which exceeded permitted limits will be refunded to Bonrower. Lender may choosa to make this refund by <br />reducing the principal owed undear the Note or hy making a direct paynnent to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayxnent without any prepayment charge under the Note. <br />Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliverirtg it or by <br />mailing it by first class mail unless Applicable Law requires use of anather method. The notice shall be directed to <br />the Property Address oar any other address Borrower dasignates by notice to Lender. Any notice to Lend'er sha11 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 deenned to have been given to Borrower or <br />Lender when giv�n as provided in this paragraph. <br />Governing Law; S�verability. This Security Instrument shall be governed by federal law and the laws of the state <br />of Nebraska. In the event that any provision nr clause of this Security Instrument or 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 effect without the conflicting provision. Ta this end the provisions of this 5ecurity Instrument and the Note <br />are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this 5ecurity Instrument. <br />Transfer 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 sald pr transferred (or if a beneficial interest in Borrower is sold or transferred and Bprrower is not a <br />natural person) unless the Note shows 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 Instrument. If the NoCe <br />shows that Borrower's loan is assurnable, Borrower must obtain Lender's written permission far an assumptian and <br />follow any other requirements af Lend�r related ta an assumption. If Borrower does not do so, L�nder may require <br />imm�diate payment in fult of all sums secured by this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice nf 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 />delivered or ttaailed witk►in which Bort'ower must pay all suzr►s 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 Instrument without further notice or demand on Borrower. <br />Sorrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (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 9ecurity Instrument; or (b) entry of a judgment enforcing this Security Instnunent. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and, the Nate as if.z�a accelerataan had occu�r�d; (b)-cures any defau�t of any other cav�n�ts �or agre�ments; (c) <br />pays all expenses incurared in ea.aforcing this Security Instrument, inclixding, but not limited to, reasonable attnnneys' <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 to pay the sums secured <br />by this Security Instniment shall continue unchanged. i7pon reinstatement by Borrower, this Security Tnstrument <br />and the obligations secured hereby shall remain fully effective 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 or $ <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 />Instxument) may be sold one or more times withaut prior natice 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 />Instrument. There also may be one or more changes of the Loan 5ervicer unrelated to a sale of the Note. If there is <br />a change of the Loan Servicer, Borrower will be given written notice of the change 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 />m 2004-2009 Compliance Systems, Ine. 002D-498D - 20D9.12.368 <br />Conaumer Real Eetete - Security Instrument DL2036 Page 4 oF6 www.compliancesystems.com <br />
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