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~~ `' `' ? 201001053 <br />Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the <br />Property in which the fair market value of the Property immediately before the taking is equal to or greater than <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 />ar postpone the due date of the payments Secured Indebtedness; Payment of Principal and Interest; Late <br />Charges and Other Loan Charges and Funds for Taxes and Insurance or change the amount of such <br />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 any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of 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 Instrument <br />but has no personal liability under the Secured Indebtedness ("Accommodation Signer"): (a) is co-signing this <br />Security instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property <br />under the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that lender and any other Borrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Secured Indebtedness without that <br />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 ether 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 Secured Indebtedness or by making a direct payment to Borrower. if a <br />refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge <br />under the Secured Indebtedness. <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 nr any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower ar <br />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 state <br />of Nebraska. In the event that any provision or clause of this Security Instrument nr the Secured Indebtedness <br />conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the <br />Secured Indebtedness which can be given effect without the conflicting provision. To this end the provisions of <br />this Security Instrument and the Secured Indebtedness are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a <br />natural person) unless the Secured Indebtedness is assumable, Lender may, at its option, require immediate <br />® 2D04.2009 Compliance Systems, iaC. 19D2-F370 - 2009.07.355 <br />Consumer Real F.etate -Security Instrument DL2036 Pake 4 of 6 www.compliancesystems.com <br />