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201009732
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Last modified
1/11/2011 2:10:03 PM
Creation date
12/28/2010 2:36:33 PM
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DEEDS
Inst Number
201009732
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,� 2010Q9732 <br />}3orrower and Lender otherwise agree in writin� or unless Applicable Law otherwise provides, ihe proceeds shall <br />be applied to the sums secured by tl�is Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, F3orrower fails to respond to Lender within Che minimum nutnber of <br />days established by Applicable Law after the ciate the notice is given, Lender is atithorized to collect and apply tlie <br />proceeds, at its opCion, either to restoratio�i or repair of the Property or to ttie sums secured by this Security <br />Instruz�iez�t, whether or not t�ien due. <br />Unless Lender and Borrower otherwise agree in writin�, any application of proceeds to pcincipal sl�all not extencl <br />oc postpone the due date of the due under the Coa�tcact or change the a�nouxit of such payrtients. <br />Borrower Not Relexsed; Foebearance By Lender Not a Waiver. Extension of che time for payment or <br />modification of amortization of the sucns secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate Co release che liability of the original Borrower or Bc>rrower's successnrs in <br />interest. Lender shall �iot be required to cotnmence proceedings agait�st �ny successor in i�tterest or refuse to <br />extend time for payment or otherwise modify amortization of' the sums secured by this Security InStrument hy <br />reason of any demat�d made by the origi�aal �orrower or Borrower's successors in interest. Any forUearance by <br />l.ender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remei3y. <br />Successars and Assigns Bound; doint and Several Liability; Accommodation Sign_ers. The_ coven,ants_ and _ <br />agreernents o£ this Secnrity Instrument shall bind and benefit the successors and assigris of Lender and Borrower, <br />subject to Che provisions of section titled Transfer of the Property or A Beneficia►1 Interest in Borrower. <br />F3ormwer's covenants and agreements shall be joint and several. Any person who co-sig��s this Security Instruznent <br />but has no personal liability under the Contract ("Accc>m►nodatiou Signer"): (a) is co-signing this Security. <br />I.nstrument only to mortgage, grant and convey tlaat Accommodation Signer's interest in the Nroperty under the <br />tenns of the Security Instrument; (b) is not personally abli�ated to pay the sums secured by tliis Security <br />Instruzne��t; azid (c) agrees tf�at L.ender and any ofher Borrower may agree to extend, modily, forbear or make any <br />accommodations with regard to the terms of lhis Security Instrument or the Contract without that Accon�ruodatioT� <br />Signer's consent. <br />Loan Charges. If die loa�� secured by this Security I��struxnezxt is subject ta a law which sets maximum loan <br />charges, and that law is finally interpreted so that die interest or other loan cliar�es collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any �uch loan char�e sl�all be rzduced hy the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums already callected from Borrawer <br />which exceeded permitted limi�s will be refunded to Borrower. I.,ender xziay choose to �nalce this refiuid by <br />reducing the principal owed under the Coxitract ��r by making a direct payment •�o Borrower. If a refund reduces <br />principal, th� reduction will be treated as a parlial prepayment under tlie Contract. <br />Notices. Any a�otice to Borrower pravided for in lhis 5ecurity Instrument sliall be given by delivering it or by <br />tnailing it by first class mail unless Applicable Law requires use of another metltod. Tlae natice shall be directed to <br />the Property Addreas or any ather address Borrower designates by notice to I,ender. Any notice to Lender shall.bc. <br />given by first class znail to Lender's addres� stated herein ar any other address l,ender desi�nates by notice to <br />Borrower. Any notice provided for in tl�is Security Instru►nent 51ia11 be deemed to have been give�� t.o .Rorrower or <br />Lender when given as provided in tt�is paragraph. <br />C=overning Law; Severability. This 5ecurity Instrument shall be �overned by federal law and the laws of tt�e state <br />of Nebraska. In lhe event that any provision or clause of t{�is Security Instrument. or the Contract cox�flicts with <br />Applicable Law, such conflict shal] not af�'ect other pravisions of this Security Instrument or the Contract wliich <br />can be given effect without the conflicting provision. '1'o this end the pravisions of tt�is Security Instrument and the <br />Contract are declared to be severable. <br />Borrower's Copy. Borrower sk�all be given one confonned copy of tliis Security InstrumenC. <br />'1'ra��st'er of the F'r��perly or a Beneficial Iaiterest in 13orrowe�'. Il� all ar 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 iiot a <br />natural persc�n) without Lender's prior written consent, Lender may, at its option, require immecliaCe payment iri <br />full of all sums secured by this Security Instrument. However, thi5 optian shall not be exercised by L�nder if <br />exercise is prol�ibited by federal law as of the date of this Securiry Instruinent. <br />lf Lender exercises this option, Lender sl�all give Borrower notice �f acceleration. The notice sl�all provide a <br />period of nc�t less than the minimum x�uniber r�f days established by Applicable Law frorn the date the notice is <br />delivered or mailed within which Borrower must pay all s��ms secured by this Security Inslrument. If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender n�ay invoke any remedaes pennitted by this <br />Security Instrument without further notice or demand on �3orrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall lxlve tlte right to have <br />enforcemenC of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Isaw may specify for reinstatement) be{ore sale of tt�e Properly pursuant. to aaay pc�wer of sale <br />contained in this Security ]nstrument; or (b) entry of a judgnaent enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums wt�ich thEn would be due under this Security Ix�stru�nent <br />and lhe Contract as if no acceleration had occurred; (b) cures any default of any oCher covenant5 or a�reements; (c) <br />pays all expenses incurred in en£orcing this Security Instrum�nt, includi��g, but not limited to; reasonable attonieys' <br />£ees to the extent permitted by law; and (d) takes such actipn as Lender tnay reasonably require to assure that the <br />lien of this Security lnstrument, I,ender's rights in Che Property and Borrawer's obligation to pay the sun�s secured <br />ay 2p04-2UU9 Cwnpliance Systems, Inc. 002D-U3Cf3 - 2UU9.12.i(i8 � <br />Cvnsumcr Real F;sinle - Security Instrnmcnt C7L2036 Pnqc 3 oC5 www.complinncesy5l�ns,c�m <br />
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