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201100008
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1/3/2011 3:03:36 PM
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1/3/2011 3:03:35 PM
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201100008
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. .° � : ; : 201100008 <br />days established by Applicable Law after the date the notice is given, Lender is auihorized tn cc>llect and apply the <br />proceeds, at its option, either to restoration or re�air of ttie Property or to the sums secured by this SecuriCy <br />Instnunent, whether ar not then due. <br />CJnless Lender and Borrc�wer otherwitie; agree in writing, any application of proceeds t�� principal Sliall not extend <br />or postpone the due dat� ol the payments 1'ayment of 1'rincipal and interest; Late Charges and Funds for <br />'1'axes and lnsurance or change the amount of sucl� payrnents. <br />Borrower Nut Released; Fnwbearance By Lender Not a Waiver. �,xtenaion of the time for payment or <br />moditication of amortization c�f the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of I3orrower shall nol operate to release the liability of the original Borrorver or T3orrower's successors in <br />interest. l.ender shall nnt be required to cornmence proceedings against any successor in inter�;st or refuse to <br />extend time for paymene or otherwise modify amdrtization c�f the sums secured by tliis Security lnstrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any t��rUearance by <br />I,ender in exercising any ri�ht c�r remedy shall not be a waiver af or �reclude the exercise of any right or remedy. <br />Successors and Assigns Bound; Joint and Several l,iability; Accommodation Signers. TIYe covenants and <br />agreements of this Security Inst� shall bind and.bene�l the successors and assibna c>f Lender and Borrower, <br />subject to the provisions of section titled Transfer of tlie 1'roperty or a Beneficial Interest in Borrower. <br />Borrower's covenants and agreements shall be joini and several. A�ty person who co-signs this Security Instrument <br />Uut does not execute the Note ("Elccommodation Signer"): (a) is co-signing this Security Ii�stnameni only to <br />mortgage, grant and convey that Acconunodation Signer's interest in the Pro�erty under the rernis of the Security <br />Cnstrurnent; (b) is not personally obligated to pay fhe sums secured by this Security lnstrument; and (c) agrees that <br />Lender and any otlier Borrowei� m�y a�ree to extcnd, modi `ty, fi�rbear or make any accomn�odations with regard to <br />the ter►ns of tliis Seci.irity Instrumeiit or ttae Note without that Acco�nmodation Signer's consent. <br />I�oa�i Charges. If the loan secured by this 5ecurity Cnstn�mei7t is subject to a law which sets maximum loan <br />charges, and tliat law is finally interpreted so that the interest or other loan char�es collected or to bc: collecCed in <br />connection with the loan exc;ced ll�e percnitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce ihe charge to the pern7itted limits and (b) any sunis already collected trom Borrower <br />which exceeded pern�itteci limit5 will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the princi�al owed tinder fhe Nc�te or by inaking a direct paymenC to Borrower. If a refund reduces <br />princ;ipal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />Notices. Any notice to Borrower provided for in this Security Instniment shall be given by delivering it or by <br />�nailin� it by lirsC class mail unless Ap�licable Law requires u5e of annlher meChod. The notice shall be directed tc� <br />the I'roperty Address or any other address k3orrower dcsignates by noCice to I,ender. Any notice tn L�nder shall be <br />�iven by tirst class mail to C,endc�r's address stated herein or any other address Lender designates by notice to <br />Borrower. Any nc�ticc provided for in this Security InstrumenC shall be deemed to have been given ta Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. Tliis S�curity Instrument sha11 be governed by federal law and the laws of the state <br />of Nebraaka. In the cvent that any provision or clause of fhis Security Instr«rnent or the Note conflicts with <br />Applicable Law, such conf7ict shall not atiect other provisions of this Security Intitrum�;nt or the Note which can be <br />given eti:ect withouC the contlictin� provision. 'I'o this end the provisions of this Securiry Instrument and tlie Note <br />are declared to be severable. <br />Borrower's Copy. �3orr��w�r ahall he given one conformed copy of this Security Tnstrument. <br />'1'ransfcr of th� Property or a Bene�cial Interest in Borrower. If all or any part of the Property or any interest <br />in it ia sold or trantifcrred (or il� a benelicial interesC in Borrower is sold or transferred and l�orrower is not a <br />natural person) unless the Note tihowti that Borrower's laan is assumable, Lender may, at its option, require <br />immediate payment in ft�ll of all sunts 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 fhis Security lnstz If the Note <br />shows fhat F3orrower's l�an i5 assumabl�, Borrower must obtain Lender's written pern�ission for an assuniption and <br />ti�ilow any other rec]uiranenta of T,ender related to �n ass�un�tion. Tf I3prrower does not do 50, Lender may require <br />immediate payrne►�t in full of all surns secured by tliis Securiry Inslrument. <br />If C.ender exercises this option, Lender shall �ive Borrower notice of acceleration. The notice shall provide a <br />period of not less than die minimum number of days established by Applicable Law 1'rom the date tl�e notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Insirurnent. If Borrower <br />lails lo pay these swn5 prior to the expiration of thiti period, I.ender may invoke any reznedies permitted by this <br />Security Instniment without fi�rtlier notice or demand on Bon <br />Borrower's Right to Rei��state. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Tnstrument discontinued at any tiine pz to the earlier of: (a) 5 days (or such other <br />period as Applicable I.aw may specify for reinstatement) before sale o£ the Property pursuant to any pc�wer of sale <br />contained in this Security liistnn7ient; or (b) ent.ry of a jndgment enforcin� this Security Instrumc;nt. 'l'hose <br />conditions are that Borrower: (a) payti Lender all �ums whicl� fhen would be due under this Security Insts <br />and the Nc�te; as if no acceleration had occurred; (b) cures any default of any oiher covenants or a�;reements; (c) <br />pays all expenses incurred in enti�rcin�; this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent l�er►nitted by law; and (d) takes such action as Lender rnay reasonably require to as5ure that the <br />lien of fhis Security Instrument, Lender's rights in ihe Property and 13orrower'ti obli�;ation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Securiry Instrument <br />and the obligations secured hereby shall rernain tully ef1'ective as if no acceleratinn had occurred. However; this <br />�C� :004-2010 Camplirncc Systcros, Inc. 880d-9PA2 - 20111.113378 . <br />(;pnsumc�� Rnal Rstulc - Sccurity Instnnncnt DL2U3G . Pagc 4 nf G . www,compliuncesystcros.com <br />
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