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Q.0210340 i <br />the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property <br />immediately before the taking is less than the amount of the sums secured immediately before the taking, unless <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds 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 condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payments referred to in the section titled Payment of Principal and Interest; <br />Prepayment and Late Charges or change the amount of such payments. <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or <br />any successor in interest of Borrower shall not operate to release the liability of the original Borrower or <br />Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in <br />interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. <br />Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of <br />any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. <br />Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security <br />Instrument but does not execute the Note ("Accommodation Signer"): (a) is co-signing this Security Instrument <br />only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Note without that Accommodation Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering 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. Borrower agrees to provide <br />Lender with Borrower's most current mailing address, as it may change from time -to -time. Any notice to Lender <br />shall be given by first class mail to Lender's address stated herein or any other address Lender designates by <br />notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to <br />Borrower or Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws of the <br />state of Nebraska. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />® 2004-2020 Compliance Systems, Inc. ce317e13'37cebIab - 2019.205.2.4 <br />Consumer Real Estate - Security Instrument DL2036 Page 4 of 7 www.compliancesystems.com <br />