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� � '� ` " 20100'7743 Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instz whether or not the sums are then due. If the Property is abandoned by �3orrower, or if, after riotice by Lander to Borrawer that the condemnor offers to make ai� award or settle a claim for damages, Borrower fails to respo��d to I.,ender wikliin the rtiinimum number of days established by Applicable Law after ttae date the notice is �iven, Lender is authorized to collect �►nd apply tl�e proceeds, at its option, either to restoration or repair of tl�e Property or to tl�e sums secured by Chis Security Instrument, whether or not then due. Unless Lender and Borrower ��therwise agree in writing, any application of proceeds to principal shall iaot extea�d or postpone the due date of the payments due under the Contract or cl�ange tl�e ax�aount of such payments. 13orrower Not Released; Forbearance By I�ender Not a Waiver. ExCension o£ the time for pay►nent or modiiication qf amorti�ation of the sums secured by this 5ecurity Instniment granted by I,ender to any succeGSOr in interest of Borrower shall not operate to release the liability of the ociginal Borrower or Borrower's successors in intere�t. Lender shall not be required to cozntnence proceedings against any successor in interest or refiise to extend time for paymerat or otherwise modify amortization of the sums secured by tfxis Security Instruznent by reason of any demand made by the original Borrower or Borrower's successc�rs in interest. Any forhearance by Lender in exercisi��g any right or remedy shail not be a waiver of c�r preclude the exercise of any riglxt or remedy. Successors and Assigns Sound; .Toint and Several Liability; Accommodation Signers. The covenanCs and agreements of tkais Security Instrurxient shall bind and benefit the successors and assigris of I,ender �nd F3orrower, subject to the provisi�ns of section titled '1'ransfer of khe Property or A Bene�caal Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this 5ecurity Instrument but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-sigttir►g this 5ecurity Instrument only to mortgage, grant and convey that Accommodation Signer'S interest in tl�e !'roperty under the terms of the Security Instrument; (b) is �iot personally obligated to pay the su��s secured by ttiis Security Instrument; and (c) a�rees that Lender and any other Borrower may agree to extend, modify, forbear or make any accox�unodations with regard to the lerms ol this 5ecurity Instrument or the Contract without that Accommodation Signer's consent. Lpan Char�es. If t}xe loax� secured by this Security Instrument is subject Co a law which sets maximrim loan charges, and that law is Cnally interpr�ted so that the interest or otf�er loaia charges collected or to be collected in connection with the loan exceed the pern�itted lir��its, then: (a) any such loan charge shall be reduced by the amount necessary ta reduce the charge to the permitted limits and (b) any sums already collected frorn �3orrower which exceeded permitted limits will be refund�d to Borrower. Lender �nay claoose t� make this refund by reducing the principal owed under the Contract or by making a direct payment ko Borrower. lf a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Borrower provided for in this Security Instrument shall be �iven by delivering it or by mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any c�ther address Borrower desiga�ates by t�otice to I.,ender. Any ziotice to l,endec shall be given by first class mail to Lender's address stated herein c�r any c>ther address LendEr d�signates by notice to Borrower. Any natice pravided fc7r in this Security Instrurnent sl�all be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be goyerned by federal law and the laws of the state of Nebraska. In the event that any provision or, clause of this S.ecurity Instrument or the Cantract conflicts with Applicable Law, such conllict shall not affect other provisions of this Security Instrument or the Contract which can be given effect without die conflicting provisioi�. "I'o this end the provisions of this Security Instrument and the Contract are declared to be severable. Borrower's Copy. F3orrower shall be given pne con£onned copy of this Security Instniment. 'I'ranster of the Property ar a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or tran�ferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural persoza) without Lender's prior written consent, Lender may, at its option, require imtnediate payment in full of all suzns secured by this Security Instrument. I�owever, this option sl�all not be exercised by Lender if exercise is prahibited by £ederal law as of the date of this Security Instnunent. If Lend�r exercises this option, Lender shall give Borrower notic� of acceleration. 7:'he notice 5hall provide a period of not less than tl�e minimum number of days established by Applicable Law £rom the date tl�e notice is delivered or mailed within which Bprrower must pay all suix�s secured by rhis Security .Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies perixiitted by this Security I�a�strument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shal] }aave tlie righl to have enforcement oF this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power c�f sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrumenl. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security instniment and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or a�reements; (c) pays all expenses incurred it�.enforcing this Security I��strument, including, but not limited lo, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender zzaay reasonably require to assure that the lien of this Security Instrument, Lender's arights in the Property and Borrower's obligation to �ay Che sums secured G? 2004-2009 Complinnc�.c Systems. Inc. 11112b-74UC - 2D09.12368 Consumcr Rcal Fs�nte - Security Ineuvment DL2036 Pagc 7 of 5 � www.cumplinncesystems.com