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,, ., y � � 20120329j Property in which the fair market value of the Property immediately before the taking is equal to or greater. than the amount of the sums secured by this Security Instrument immediately before the talcing, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instiument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Bonower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the takiug is less than the amount of the sums secured immediately before the taking, unless Bonower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this Security Inst�vment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Bonower fails to respond to Lender within the minimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Bonower otherwise agree in wri,ting, any application of proceeds to principal shall not extend or postpone the due date of the payments due under the Contract or cha.nge 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 Bonower shall not operate to release the liability of the original Bonower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument 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; AccommodaHon Signers. The covenants and agreements of this Security Instrument shall bind aad benefit the successors and assigns of Lender and Bonower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in tlae Property uuder the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Contract without that Accoinmodation Signer's consen� Loan Charges. If the loan secured by this Security Instrument is subject to a law wllich sets maximum loan chazges, a.nd 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 callected from Borrower whieh exceeded permitted limits will be refunded to Borrower. Lender may choose to make ttus refund by reducing the principal owed under the Contract or by ma.king a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Bonower provided for in this Security Instivment shall be given by delivering it or by mailing it by first class mail unless Applicable La.w requires use of another method. The ttotice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Borrower agrees to provide Lender with Borrower's most current mailing address, as it may change from time-to-time. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other addreas Leuder deaignates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to bave beett given to Boaower or Lender when given as provided in this'paragraph Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraslta. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable Law, such conAict shall not affect other provisions of this Security Instcument or the Contract which can be given effect without the conflicting provision. To this end the provisions of this Security, Instrwnent and the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instnuneu� 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 iransferred (or if a beneficial interest in Borrower is sold or trausferred and Borrower is not a natural person) without Lender's prior written consent, Lettder may, at its oprion, require imuled'late payment itt full of all sums secured by this Security Instrument. However, this option shall uot be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Bonower notice of accelerarion. The ttotice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Iustrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by tYus Security Instrument without fiuther notice or demand on Borrower. � Zooa-ZO i� co�u� s�«, m�. 9snn-asso - zo� iLZ.o.aas Conaumer Reat Eatate - Security Inatrument DL2036 Page 3 of 5 www.compllancesystems.cow