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201106433
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201106433
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Last modified
9/14/2011 12:36:15 PM
Creation date
8/30/2011 8:38:45 AM
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201106433
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�p11Q64�� <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the roceeds shall <br />be applied to the sums secured by this 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 conde or offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the mini um number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collec and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured b this Security <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal s <br />or postpone the due date of the payments due under the Contract or change the amount of such payn <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time fi <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to a <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower' <br />interest. Lender shall not be required to commence proceedings against any successor in intere <br />extend time for payment or otherwise modify amortization of the sums secured by this Security <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any . <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any rig] <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The . <br />agreements of this Security Insh shall bind and benefit the successors and assigns of Lender <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest <br />Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Secu <br />but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signin€ <br />Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Pro� <br />terms of the Security Instrument; (b) is not personally obligated to pay the sums secured b} <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbe; <br />accommodations with regard to the terms of this Security Instrument or the Contract without that A <br />Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be <br />amount necessary to reduce the charge to the pernutted limits and (b) any sums already collected <br />which exceeded pernutted limits will be refunded to Borrower. Lender may choose to make <br />reducing the principal owed under the Contract or by making a direct payment to Borrower. If a <br />principal, the reduction will be treated as a partial prepayment under the Contract. <br />not extend <br />� payment or <br />� successor in <br />successorsin <br />or refuse to <br />nstrument by <br />�rbearance by <br />or remedy. <br />ovenants and <br />nd Borrower, <br />n Borrower. <br />ty Instrument <br />this Security <br />rty under the <br />this Security <br />or make any <br />ximum loan <br />collected in <br />.tced by the <br />n Borrower <br />s refund by <br />und reduces <br />Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deli ering it or by <br />mailing it by first class mail unless Applicable Law 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 ender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designate by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given t Bonower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governed by federal law and the la s of the state <br />of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the ontract which <br />can be given effect without the conflicting provision. To this end the provisions of this Security Inst ment and the <br />Contract are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this 5ecurity Instrument. <br />Transfer of the Property or a Bene�cial Interest in Borrower. If all or any part of the Property r any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Bo ower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immedi te payment in <br />full of all sums secured by this Security Instrument. However, this option shall not be exercise by Lender if <br />exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice s all provide a <br />period of not less than the minimum number of days established by Applicable Law from the dat the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrumen . If Borrower <br />fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pe 'tted 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 <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to am <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Inst: <br />conditions are that Borrower: (a) pays Lender all sums which then would be due under this Secu: <br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or � <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasor <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to <br />lien of this Security Instrument, Lender's rights in the Properiy and Borrower's obliga6on to pay th� <br />right to have <br />"or such other <br />power of sale <br />zment. Those <br />ty Instrument <br />;reements; (c) <br />�ble attorneys' <br />issure that the <br />sums secured <br />� 2004-20I0 Compliance Systemc, Inc. EEOB-OIOD - 2010.03.378 <br />Consumer Real Estate - Security Instmment DL2036 Page 3 of 5 <br />
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