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201100366
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Last modified
1/19/2011 1:08:32 PM
Creation date
1/19/2011 1:08:32 PM
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DEEDS
Inst Number
201100366
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�oiioo3s� <br />Borrower and I,er�der okherwise agree in writing or unless Applicable Law otherwise provides, the proceeds ah�l( <br />be applied to tkae sums secured by this Security Instnimet�l whether or not the sums arE then due. <br />lf tlie Praperty is abandoned by I3orrower, or if afcer nc>tice by l,ender to k3orrower that the condenuior afi"ers to <br />make an award or settle a claitzi for damages, Borrc�wer fails to respo�ad to Leiider wicliin the minimum numhcr of <br />days established by Applicable Law after the date tl�e notice is given, Lencler is authorized to collect at�d apply tlie <br />proceeds, at its option, erther to restoration or repair of the 1'roperty or to tt�e sums secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender and Borrawer otherwise a�ree in writiiag any application of� proceeds to princi�al shall not extea�d <br />or post}�one the due date of the payixients due under the Contract or chaz�ge the amount of such paymenls. <br />Borrower Not Released; Torbearance I3y Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization c>f the sums secured by t}�is Security InstrumenC granted by Lender tn any ;;ucce�;;or in <br />inCerest of Borrower shall not operate to release the liability of the original I3orrower or Bnrx•ower's succeGSOrs in <br />interest. Lender shall not be required to commence proceedings against any successor in interest c>r rei:use to <br />extend time ii�r �ay►nent nr otherwise modify ai�iortization of' the a[nns secured by this Security lnstrument by <br />reason of �ny deiiiand made by the ori�;inal I3orrower or F3orrower`s successors ixi iiiterest. 11ny forUearance by <br />Lender in exercising any right or re��iedy shall not be a waiver of or preclude the exercise of any right vr rcmedy. <br />Successors and Assigns Bound; .Taint and Several Liability; Accommodatiuia� Signers. "I'he coveiiants and <br />agreements of this Security Instrument shall bind and benefat the successors a�ad assigns of I.endec az�d J3orrower, <br />sub to the provisions of �ection titled Transfer of the Property or a Bene�cial Interest in I3orrower. <br />13orrower's covenaiits and agreernents shall be,joint and sevez�al. Any person wl�o co-signs tliis Secu��ity InStzu���e►it <br />but has no personal liability imder the Contract (" Accommodation Signer"): (a) is co-signing this Security <br />Instn►�nent only to rnortgage, grazit azid convey that Accommodation Signer's ititerest in tlie Property uncler the <br />terms of the Security Instrument; (h) is not personally obligated to pay the sums �ecured by tl�is Security <br />Intitru►nent; and (c) agxees that I,e�ider and any other Borrower may agree to extend, itiodify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the C.ontract without that Accommodation <br />Signer's consent. <br />I,oa�t Charges. lf the loan secured by this Security Instrument is subject to a law which seCs I11c�R1YT1UYT1 loan <br />charges, and that law is iinally interpreted so that the interest or other loan charges collected or to Ue colle�ted in <br />cc�nnection wifh the loan exceed fkae pern�itted limits, t}ien: (fl) az�y such loan charge shall be reduced by the <br />amount necessary ta recluce lhe eharge to the pennitted limits anc] (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refi�nded to 13orrower. Lender may choose to �nake this rcfund by <br />reducing t1�e principal owed uzider the Contract nr by .rxiakiug z direct pay�7ient to 43orrower. If � refiu�d. reduces <br />principal, the reduction will be treated as a partial prepaymex�t uz�der the Contract. <br />Notices. Any notice to Horrower provided for it� this Security Instt shall be given by deliverin� it or hy <br />mailing it hy tirst class mail unless Applicable Law requires use of anc�cher melhod. The nocice shall be directed to <br />the Property Address or any ather address Borrower desigttates by natice to Lender. Aary tzotice to L,ertder shall Ue <br />given by first class mail to 1.,ecider's add��ess stated hereir� or �z�y ofher address Lender designatea by notice to <br />Borrower. Any notice provided for in this Security Irastrurtzent st�all be deemed to have heen given to I3orrower or <br />I,et�der w1�en givei� as provided ixa tfais paragraph. <br />Governing Law; Severability. '1'his Security lnstnua�ent s}aall be governed by federal law aiid the laws of the state <br />of Nebraska. In the event thaC any provision or clause of tliis Security Instruznent or the Cnntract a7nllicts with <br />11pp1icaUle Law, such conflict sha.11 not affect other provisions of this Security �nstrument or the Conlract wtiicli <br />can be given effect without the contlictiiYg provision. To this end Che provisiozzs of fhis Security Instrume►►t and the <br />Contract are declared to be severable. <br />Borrawer's Copy. I3orrower shall be given one confonned copy of tl�is Security Instrument. <br />Trnnsfer of the Property or a Bene�cial .[nteresf in t3orrower. If all' or any part of the Property or any interest <br />in it is sold or transferred (nr if a benefcial interest in Borrowe� is sold or transferred and Borrower is noC �. <br />natural person) withoul Lender's prior written consent, Lender n�ay, at its option, require inuiiediate p�.iytnettt in <br />full of all sums secured by this Security lnstrument. FIawever, Chis option sliall not be exercised by Lender if <br />exercise is prohibited by federal law as of the date of tlus Security Instrument. <br />If Lender exercises this option, l.ender shall give Borrower nalice of acceleration. 'I'he notice shall provide � <br />period c�f not less than the minimum number oF days established by Applicahle Law from Cl�e date the nQtice is <br />delivered or mailed within which Borrower must �ay all su►n5 secured by ttzis Security [nstrumeiit. If Borrower <br />lails to pay tliese sums prior to tl�e expiratic�tt of this period, Lender may invoke any remedies peri»itted by this <br />Security Instrument without further nr�tice or demand on Borrower. <br />Sorrower's ltigltt tu Reinstate. If Borrower meets certaiia� conditions, Borrower shall huve the rigtit to have <br />enforce�ne��t of this Security Instnunent discontinued at any time prior to tlae earlier o£ (a) 5 days (or sucl� other <br />period as Applicable Law may specify for reinstatemenl} bet'ore sale of the Property pursuairt to az�y power of sale <br />contained ii� this Security Instrument; or (b) entry of a,jud�ment eni'orcing this Security Instr�.�nierik. Those <br />conditions are tliat Borrower: (a) pays Lender all sums which then would be due under this Security Ix�stniment <br />and the ('ontract as it' nv acceleratio�� had occurred; (b) cures aiiy default of any other coveYaax�ts or agrccmeiits; (c) <br />pays �11 expez�ses i��curred in enforcing this Security Instrumenl, including, buf not limited to, reaso.rzable atforncys' <br />fees to the extent pennitted by law; and (d) takes such action as Lender ���ay reasonably require fo as�ure tl�at ttie <br />lien of this Security Instrument, 1..ender's rights in the Property and C3orrower's obligation to pay the stnns seciired <br />�3'r:004-:010 Cumplianre Systems, Inc EE08-DSDS -:OIp.p1.37R <br />Cnnsume:r Renl Fstate - Security Instnnncnt DL2U!6 PFI�C 3 UI $ V.'\NN.COIII�IIHIICCSyS�C���5.00��� <br />
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