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201100392
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1/20/2011 1:06:25 PM
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1/20/2011 1:06:24 PM
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DEEDS
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201100392
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f�� . � 2o1ioo39� <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payments Payment of Principal and Tnterest; Late Charges and Funds for <br />Taxes and Insurance or change the amount of such payments. <br />Borrower Not Released; Forhearance By �,ender Not a Waiver. Extensian of the time for payment or <br />modification of amortization of the sums secured by this Security Instnzment granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise znodify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearan,ce by <br />Lender 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; Joint and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of I.ender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Bnrrower. <br />Borrower's covenants and agreements shall be joint and several. Any person wha co-signs this Security Instxument <br />but does not execute the Note ("Accommodation 5igner"): (a) is co-signing this Security Instrument only to <br />rnortgage, grant and convey that Accommadation Signer's interest in the Property under the terms of the Security <br />Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity Instrument; and (c) agrees that <br />Lender and any other Borrower may agree to extend, madify, forbear or make any accomumodations 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 sub,ject to a law. which sexs. maximum_loan <br />charges, and that law is finally interpreted so that the interest or ather loaan charges cpllected 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 £rom Borrower <br />which exceeded permitted limits will be refunded to Bonrower. Lender may choose to make this refuttd 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 prepayment without aray prepayment charge under the Npte. <br />Notices. Any notice to Borrower provided for in this 5ecurity Instrument shall be given by delivering it or by <br />mailing it by first class mail unless Applicable T.,aw requires use of another method. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designatas by notice to <br />Borrower. Any notice provided far in this Security Instrument shall be deemed to have been given to Borrow�r or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instnunent shall be governed by fedetal law and the laws of the state <br />of Nebraska. In the cvent that any provision or clause of this 5ecurity 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 withput the conflicting provision. 'J'o this end the provisions of this Security Instrument and the Note <br />are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is spld or transferred (or if a beneficial interest in Borrpwer is sold or transfetxed and Borrower is nnt a <br />natural person) unless the Note shows that Borrower's loan is assunaable, Lender may, at its option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this opCion shall 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 lpan is assumable, Borrower must abtain Lender's written permission for an assumption and <br />follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require <br />immediate payment itt full of all sums secured by this Security Instrument. <br />If Lender exercises.this option Lexader shall give Borxower notice of acceleration: The notice shall-pravide a <br />period of not less tk�an the minimum number af days established by Applicable Law frozn the date the nntice is. <br />delivered or mailed within which Bor�rower must pay all sums secured by this Security Instrument. If Borrower <br />fails to pay these sums prior to the expiration af this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower'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 tinne 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 Securiry Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Note as if no acceleration had occurred; (b) cures any de£ault of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require ta assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's obli�ation to pay the sums secured <br />by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obligations secured hereby shall remain fully ef£ective as if no acceleratian had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration undear the section titled Transfer of the Property or a <br />Bene�cial �nterest in Borrower. <br />R) 2004-2009 Compliance Systems, �nc. 002P-70C 1- 2009.12.368 <br />Consumer Real Estate - Stcurity Instrument DL2036 Page 4 of ( www.comp�iancesyslem5.coro <br />
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