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201101344 g Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone� �ihe due date of the payments Payment �of- Principal and Interest; Late Charges and Funds for Taxes and Insurance or change the amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Barrower shall not operate to release the liability of the original Borrower or Borrower'� successors in interest. Lender shall nof bs required Yo eommence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured Uy this Security Instrunient by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to� the �provisions of section titled, Transfer of the Property or a Beneficial Interest in Borrower. Borrower's co�enants aud agreements shall Ue joint and several. Any person who co-signs this Security Instrument but does not exzcute the Note ("Accommodation Signar"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under tlie ternis of the Security Instruinent; (b) is not personally obligated to pay the sums secured by this Securiry Instrument; and (c) agrees xhat Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Accomnlodation Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount-necessary to reduce the charge to the permitted limits and (b) any sums already collected fi Borrower which exceeded permitted limits will be refund�d to Borrower. Lender may choose to make this refund by reducing tlie principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be'treated as a partia] prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Ir�strument shall be given by delivering it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be give� by first class mail to Lender's address stated herein or any other address Lender designates by not�ca to Borrower. Any notice provided for in xhis Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws af the state of Nebraska. In the event tliat any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of tlus Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Inshument and the Note are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instru�nent. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) unless the Note shows that Borrower's loan is assumable, Lender may, at its option, require immediate payment in fu11 of atl sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of th� date of this Security Instrument. If the Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permission for an assumption and follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require immediate payment in full of all sums secured by this Security Instrument. If Lender exercises this option, Lender s1ia11 give Borrawer notice of acceleraYion. The notice shall provide a period of not less than tlie minimum number of days established by ApplicaUle Law from tlie date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these swns priar to the expiration of this period, Lender may invoke any remedies permitted by ttiis Security Instrument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditiions, Borrower shall liave the right to have enforcement of tliis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such ather period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in th'rs Securiry Instrument; or (b) entry of a judgment enforcing this Security instrument. Those conditions are tliat Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Seeurity Instrument, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure il�at the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate sl�all not apply in the case of acceleration under the section titled Transfer of the Property or a Beneficial Interest in Borrower. � � � 2004-2010 Compliaoce Systems, Inc. EFAB-75D9 - 2010.03378 . Consumer Real Estate - Secu�ity Instromeu� DL2036 � Page 4 of 6 � www.compliancesystems.com