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: y : t N •' , 2o�.00so2� immediately before the taking is less than the amount of the sums secured immediately before the takin�, unles5 Borrower and Lender otherwise agree in writing or unlegs Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. lf the Praperty is abandoned by Bonrower, or if a£ter notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails tc7 respond to [,ender within the minimum nuza�ber of days establiskied by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoratipn or repair of the Property or to tlie sums secured by tliis Security Ixistrument, whether or ziot then due. Un1ess Lender and Boz otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the paymezrts due under the Contract or change the amaunt of such payments. Borrawer Not Released; Forbearance By Lender Not a Waiver. Extension of tl�e ticne for payment or modification of amortization of the surn� secured by this Security Instrument grazited by Lender to any successor in interest of Borrower shall not operate to releasa the liability of che original Borrower or $orrower's succesxors in interest. Lender shall r�ot be required to coznmence proceedings against any successor in interest ar refuse to extend time for payment or otherwise modify arnortization of the sums secured by this Security Instrurnent by reason of any demand made by tlie original Borrower or Borrow�r's successors in interest. Any forbearance by Lender in exercising any right or remady shall not be a waiver of or preclude the exercise o£ any right or remedy. Successors and Assigns Bound; doint and Several Liability; Accommodation Signers. The covenants attd agreements of tl�is Security Instruinent shall bind and benefit the successprs and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. Barraweir's covenants and agreements shall be _joint and several. Any person who co-signs tttis Security Inslrument but has no personal liability under the Contract ("Accoxnmodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Si�ner's interest in the Properly under the terrr�s of the 5ecurity Instrumettt; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other �3orrower may agre� to extand, modify, forbear or make any accommodations with regard to the terms of this 5ecurity Instruznent or the Contract without that Accominodation Signer's con5ent. LoAn Charges. If t�ie loan secured by tlais Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan cl�arges collected or lo be coll�cted in connection with the loan exceed the permitted ]imits, then: (a) any such loan char�e shall be reduced by the amount necessary ta reduce tlxe charge to the permitted limits and (b) any sums already collecled from I3orrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund Uy reducing the principal owed under the ConCract ar by making a direct payment to Borrower. If a refund reduces principal, tl�e reduction will be treated as a partial prepayment under the Contract. Notiees. Any notice to Borrower prnvided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless Applicabl� Law requires use of another method. The notice shall be diz to the Ycoperty Address or any other address E3orrower designales by notic� to Lender. Any notice to I.ender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice tc� Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing �.,aw; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this SecuriCy Instrument or th� Contract which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Contcact are declared to be severable. Borrawer's Copy. Borrower shall be given one confprined copy of this Security Instrument. '1'ransfer of the Property or a Bene�cial Interest in Sorrower. If all or any part of the Propercy or any inter�st in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural perspn) without Lender's prior written consent, Lender may, at its option, require itnmediate payn�ent in fuIl oF all sums secured by this Security Instniment. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower natice af acceleration. The notice shall provide a period of noc less than the miniinum number of days established by Applicable Law from the date the notice is delivered pr mailed within wl�ich Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notic� or demand on Borrower. Borrower's Right to Reinstate. If Bprrpwer meets certain cot�datio��s, f3orrower shall have tbe riglit to }aave enforcement of this Security lnstrument discontinued at any time prior ta the earlier of: (a) 5 days (or such ��ther period as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) enCry of a judgment enforcing this Security Instrum�nt. Thpse conditions are that Borr�wer: (a) pays l,ender all sums which then would be due under this Security Instrument and tl�e Contract as if no acceleration had occurred; (b) cures any deFault oC any oiher covenants or agreements; (c) pays all expenses itacurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the exCent pennitted by law; atid (d) takes such action as Lender may reasonably require to astiure that the C�..� 2004-2D09 Compliance Systems, In�, 002U-2AG13 - 2009,12.36R Consumer Real Estatc - Security Instrument DL203G Page 3 pf 5 www.compliancesystems.cnm