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99 111158 <br /> secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, <br /> the proceeds shall 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 make an award or <br /> settle a claim for damages,Botrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect <br /> and apply the proceeds,at its option,either to restoration or repair of the Properly or to the sums secured by this Security Instrument,whether <br /> or not then due. <br /> Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the <br /> due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> ll. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br /> amortization of the sums secured by this Security Insh-iunent granted by Lender to any successor in interest of Borrower shall not operate to <br /> release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings <br /> against any successor in interest or reh►se to extend time for payment or otherwise modify amortization of the sums secured by this Security <br /> Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in <br /> exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> 12. Successors and Assigns Bound;Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br /> In.s[nunent sha11 bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of paragraph 17. Borrower's <br /> covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instniment but does not execute the Note: <br /> (a)is co-signing ttus Security Instniment only to mortgage,grant and convey that Botrower's interest in the Properly under the terms of this <br /> Security Instiwnent;(b)is not personally obligated to pay the sums secured by this Security Instniment;and(c)agrees that Lender and any <br /> other Borrower may agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or <br /> the Note without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,and that <br /> 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 <br /> limits,then: (a)any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums <br /> already collected from Borrower 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 principal,the reduction will be <br /> treated as a partial prepayment without any prepayment charge under the Note. <br /> 14. Notices. Any notice to Botrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first <br /> class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address <br /> Borrower designates by notice to Lender. Any notice to Lender sha11 be given by first class mail to Lender's address stated herein or any other <br /> address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given <br /> to Borrower or Lender when given as provided in this paragraph. <br /> 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in <br /> which the Property is located. In the event that any provision or clause of this Security Instniment or the Note conflicts with applicable law, <br /> such conflict shall not affect other provisions of this Security Insh-ument or the Note which can be given effect without the conflicting <br /> provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. <br /> 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Secunty Instrument. <br /> 17. 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 <br /> or tran.sferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written <br /> consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However,this option <br /> shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br /> If Lender exercises this opUon,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than <br /> 30 days from the date the notice is delivered ar mailed within which Borrower must pay all sums secured by this Secunty Instrument. If <br /> Loan No. : 3506902 Initials: <br /> Nebraska Deed of Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT orm 2 09/90 <br /> To Ord Callt�(972�)9 0 2e ourcea om972)392-2891 I(IIIII IIIII IIIII IIIII IIIII IIIII IIII)IIII IIIII IIIII IIIII IIIII IIIII IIII �1 00 NES cs o2/vs <br /> P <br /> �.,. _ � <br />