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�o�.�a�is� In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is eq.ual to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender,otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured 'unmediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in wluch the fair market value of the Property immediately before the taking is less than the atnount of the sums secured imnnediately before the taking, unless Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by ttus Security Instrument 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 ta 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 writing, any application of proceeds to principal shall not extend or postpone the due date of the payments due under the Contract or change the amount of such payments. Borrower Not Released; Furbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Inslrument granted by Lender ta any successor in interest of Borrower shall not operate to release the liability of the otxginal 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 otberwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower 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 tlus Security Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions of section titled Transfer of the Property or a Beneficiai Interest in Borrower. Borrower's covenants and agreements shall be joint and several. A.ny person who co-signs this Security Instrument but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this 5ecurity Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security Inshiunent; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Bonower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Contract without that Accommodation Signer's consent . Loan Charges. If the loan secured by this Security Instnunent is subject to a law which sets maximwn loan charges aud 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 chazge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Contract or by making a direct payment to Borrower. If a refund redaces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Borrower provided for in tlus Security Ins�rument shall be given by delivering it or by mailing it by first class mail unless Applicable L,aw requires use of another method. The notice shall be directed to the Properiy 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 address Lender designates by notice to Bonower. Any notice provided for in this Security Instrument shall be deemed to have been given to Bonower or I,ender when given as provided in this paragraph. Goveruing Law; Severability. This Security Instrument shall be governed by federal law and.the laws of the atate of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable L,aw, such conflict shall not affect other provisions of this Security Instrument or the Contract wluch can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the �ontract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part o� 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 Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exer�ised by I.ender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice 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 Bonower must pay all sums secured by this Security Instiu�ment. Tf Borrower � 2004-2011 Complience Systems, Iac. 9BAD-3707 - Z011 L2.0.485 � Con9umer Real Fstate - Securty Instrument DL2036 Page 3 of 5 °�'•CO�P��Q��•COm