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201109560 If the Property is abandoned by Bonower, or if, after notice by Lenders to Borrower that the ;ondemnor offers to make an awa.rd or settle a claim for damages, Borrower fails to respond to �enders within 30 days after the date the notice is given, Lenders are authorized to collect and apply :he proceeds, at their option, either to restore or repair the Property or to pay the sums secured by :his Security Instrument, whether or not then due. Unless Lenders and Borrower otherwise agree n writing, any applica.tion of proceeds to principal shall not e�end or postpone the due da.te of the �early payments referred to in paragraph 1 or change the amount of such payments. 9. Borrower Not Relea.sed; Forbearance by Lenders Not a Waiver. Extension of the time for payment or modifica.tion of amortiza,tion of the sums secured by this Security Instrument granted by Lenders to any successor in interest of Borrower shall not operate to relea.se the liability of the �riginal Bonower or Bonower's successors in interest. Lenders shall not be required to commence proceedings against any successor in interest or refuse to e�end time for payment or otherwise modify amortization of the sums secured by this Security Instrument by rea.son of any demand made by the original Borrower his successors m mterest. Any forbearance by Lenders in exercising any right or remedy shall not be a waiver of or preclude the exercise of any nght or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lenders and Bonower. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Secwity Instrument only to mortgage, grant and convey that Bonower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lenders and any other Borrower ma.y agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without that Borrower's consent. 11. Notices. Any notice to Borrower provided for in this Security Instrument 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 Lenders. Any notice to Lenders shall be given by first class mail to Lenders' address stated herein or any other address Lenders designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Bonower or Lenders when given as provided in this pazagraph. 12. Goveming La.w; Severability. This Security Instrument shall be govemed by federallaw and the law of the State of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict sha11 not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the Note are declared to be severable. 13. Bonower's Copy. Bonower shall be given one conformed copy of the Note and of this r Instrument. 14. Transfer of the Property or a Beneficial Interest in Bonower. 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) without Lenders' prior written consent, Lenders may, at their option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lenders if exercise is prohibited by federal law as of the date of this Security Instrument. If Lenders exercise this option, Lenders shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay a11 sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this penod, Lenders may invoke any remedies permitted by this Security Instrument vv�thout further norice or demand on Borrower. 15. Bonower's Right to Reinstate. If Bonower meets certain conditions, Bonower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the eazlier of: (a) 5 days {or such other period as applicable law may specify for reinstatement) before sale of the Properiy pursuant to any power of sale contained in this Secunty Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Bonower: (a) pay Lenders all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cure any default of any other covenants or agreements; (c) pay all e�enses incuned in enforcing this Secunty Instrument, including, but not limited to, reasonable attorneys' fees; and (d) take such action as Lenders may reasonably require to assure tha.t the lien ofthis Secunty Instrument, Lenders' 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 secwed hereby shall remain fully effective as if no acceleration had occurred. This right to reinstate shall not apply in the case of acceleration under paragraph 14.