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200400572 <br />7. Condemnation. cndemnation or other taking of any part claim for <br />the Property, or for conveyance in lieu olf <br />in connection with any <br />condemnation, are hereby assigned and shall be paid to Lenders. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by with this Security Instrumenunless Borrowers then Lenders s otherw se agree Borrowers. <br />writing, rthe sums secured by this <br />l <br />taking of the Property, <br />Security Instrument f the shall be <br />ms secured by tmed itely before the taking, divided by (b) the fair markettvalue of <br />the total amount o <br />the Property immediately before the taking. Any balance shall be paid to Borrowers. <br />If the Property is abandoned by Borrowers, or if, after notice by Lenders to Borrowers that the <br />condemnor offers to make an award or settle a claim for damages, Borrowers fail to respond to Lenders within thi <br />thirty (30) days after the date the notice is given, Lenders or to are the authorized d to codll by this Security Instrument, <br />at their option, either to restore or repair the Property pay <br />whether or not then due. <br />otherwise agree in writing, any application of proceeds to principal <br />Unless Lenders and Borrowers <br />shall not extend or postpone the due date of the yearly payments referred to in paragraph 1 or change the <br />amount of such payments. <br />g. Borrowers Not Released; Forbearance by Lenders Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lenders <br />to any successor in interest of Borrowers shall not operate to release the liability of the original Borrowers or <br />Borrowers' successors in interest. Lenders shall not be required to commence proceedings against any <br />successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums <br />secured r this interest. Any Instrument <br />forbearance by Lenders demand made <br />g any r the ight original Bor remedy shallrnotrbeoa waver <br />successors i <br />of or preclude the exercise of any right or remedy. <br />g. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lenders and <br />Borrowers, subject to the provisions of paragraph 14. Borrowers' covenants and agreements shall be joint <br />and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- <br />signing this Security Instrument only to mortgage, grant, and convey that Borrower's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this <br />Security Instrument; and (c) agrees that Lenders and any other Borrower may agree to extend, modify, forbear <br />or make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrowers' consent. <br />10. Legislation Affecting Lenders' Rights. If enactment or expiration of applicable laws has the <br />effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, <br />Lenders, at their option, may require immediate payment in full of all sums secured by this Security Instrument <br />and may invoke any remedies permitted by paragraph 16. If Lenders exercise this option, Lenders shall take <br />the steps specified in the second paragraph of paragraph 14. <br />11. Notices. Any notice to Borrowers provided for in this Security Instrument shall be given by <br />delivering it or by mailing it by first class mail unless applicable law requires use of another method. The <br />notice shall be directed to the Property address or any other address Borrowers designate by notice to <br />Lenders. Any notice to Lenders shall be given by first class mail to Lenders' address stated herein or any <br />other address Lenders designate by notice to Borrowers. Any notice provided for in this Security Instrument <br />shall be deemed to have been given to Borrowers or Lenders when given as provided in this paragraph. <br />12. Governing Law; Severability. This Security Instrument shall be governed by federal law and <br />the law of the State of Nebraska. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or <br />the Note which can be given effect without the conflicting provision. To this end the provisions of this Security <br />Instrument and the Note are declared to be severable. <br />13. Borrowers' Copy. Borrowers shall be given one conformed copy of the Note and of this <br />Security Instrument. <br />14. Transfer of the Property or a Beneficial Interest in Borrowers. If all or any part of the Property <br />or any interest in it is sold or transferred (or if a beneficial interest in Borrowers is sold or transferred and <br />Borrower is not a natural person) without Lenders' prior written consent, Lenders may, at their option, require <br />immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by Lenders if exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lenders exercise this option, Lenders shall give Borrowers notice of acceleration. The notice shall <br />provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which <br />Borrowers must pay all sums secured by this Security Instrument. If Borrowers fail to pay these sums prior <br />to the expiration of this period, Lenders may invoke any remedies permitted by this Security Instrumentwithout <br />further notice or demand on Borrowers. <br />15. Borrowers' Right to Reinstate. If Borrowers meet certain conditions, Borrowers shall have <br />the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) <br />five (5) days (or such other period as applicable law may specify for reinstatement) before sale of the Property <br />pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this <br />Security Instrument. Those conditions are that Borrowers: (a) pay Lenders all sums which then would be due <br />under this Security Instrument and the Note had no acceleration occurred; (b) cure any default of any other <br />covenants or agreements; (c) pay all expenses incurred in enforcing this Security Instrument, including, but <br />not limited to, reasonable attorneys' fees; and (d) take such action as Lenders may reasonably require to <br />assure thatthe lien of this Security Instrument, Lenders' rights in the Property and Borrowers' obligation to pay <br />the sums secured by this Security Instrument, shall continue unchanged. Upon reinstatement by Borrowers, <br />2 <br />