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I,rt- 200904354 proceeds, at its option, either to restoration or repair of the Property or to the sums ecured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shalll not extend or postpone the due date of the payments Payment of Principal and Interest; Late �harges and Flmds for Taxes and Insurance or change 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 Borrower shall not operate to release the liability of the original Borrower. or drrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or IFefuse to extend time for payment or otherwise modify amortization of the sums secured by'thi Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in . interest.' Any forl,earance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or r✓rmedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender an grrower, subject to the provisions of section titled Transfer of the Property or a Beneficiall interest in 9 9rrewer. Borrower's covenants and agreements shall be joint and several. Any person who co -signs this Security I . strument but does not execute the Note ( "Accommodation Signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under 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 ''7' Bard to the terms of this Security Instrument or the Note without that Accommodation Signer's: consent. Loan Charges. If the loan secured by this Security Instrument is subject to a lav�, which sets may, um loan charges, and that law is finally interpreted so that the interest or other loan charges colleeted:. or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge :shall be redu!c 'd by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from ' orrower which exceeded permitted limits will be refunded to Borrower. Lender may choose 'ito: make this; refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deliver" ' it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall bej directed to the Property Address or any other address Borrower designates by notice to Lender. Any ' tice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lepde designates b notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have ben given to oxrower or Lender when given as provided in this paragraph. i Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws Io the state of Nebraska. In the event that any provision or clause of this Security Instrument or;! the Note coin arts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument br the Note wE h can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note 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 of the Property or an interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transfeired and Borro is not a natural person) unless the Note shows that Borrower's loan is assumable, Lender lImay, at its optib , require immediate payment in full of all sums secured by this Security Instrument. However 'this option slab not be exercised by Lender if exercise is prohibited by federal law as of the date of this Securit Instrument. Iflthe Note shows that Borrower's loan is assumable, Borrower must obtain Lender's written permissi, n,for an assumption and follow any other requirements of Lender related to an assumption. If Borrower does not do so, Lender may require immediate payment in full of all sums secured by this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. a notice shl period of not less than the minimum number of days established by Applicable Law fr ` m! the date delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. fails to pay these sums prior to the expiration of this period, Lender may invoke anX remedies pern Security Instrument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shah have the I enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (i period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instru conditions are that Borrower: (a) pays Lender all sums which then would be due under,this Securit and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agl pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasons fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to a lien of this Security Instrument, Lender's rights in the Property and Borrower's obligationi to pay the by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,'; this Securil and the obligations secured hereby shall remain fully effective as if no acceleration had�occurred. F www.com�liagceaystetna.com .800 -968 -8522 -'IFa 616 -956 -1868 I i provide a :!notice is Borrower ed by this ! It to have ;uch other r of sale ti Those nstrument ments; (c) attorneys' r6 that the Isecured trument aver, this m 2004 -2008 Copyright Compliance Systems, Inc. 74ED -F34C - 2008.10.289 Consumer Real Estate - Security Instrumcut DL2036 Page 4 of 6