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� � �/) ' �� . � J . i 201008072 Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, che proceeds shall be applied to the sums secured by this Security lnstrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after natice by Lender to Borrower that the condemnor of�'ers to make an award or settle a claim for damages, Borrower fails to respond to Lend�r within the minimunn number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its oplion, either co rastoration or repair of the Property or to the sums secured by this 5ecurity Instrume�zt, whether or ��ot then due. Unless Lender and Borrpwer otherwise agree in writing, any application of proceeds to principal shall not extend or pastpone the due date of the payments due under the Contract or change thc amount oF euch payz��ents. ' Borrower Not Released; Forbearance By Lender Nat a Waiver. F,xtension of the time fvr payment or modification of amortization of the sutns secured by thas Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of t}�e original 13orrower or Borrower's successors in interest. Lender shall not be required to commence proceedin�s against any successor in iriterest. or refuse to extand tizne fvr payznent or otherwise znodify amortizatian of the sums secured by this Security lnstiument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearaince by Lender in exercising any right or remecly sl�all. not be a waiver of or preclude the exercise of any right or recziedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreemants of this Security Instrument shall bind and benefit the successors and assigns of I,ender and B��rrower, subject to the provisions of section titled 1'ransfer of the Property ar a Bene�icial Interest in Borrower. Bprrower's cavenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but lias no personal liability under the Contract ("Accamn�odation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property uttder the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security lnstrument; and (cj agrees that [.ender and any other Borrower may agree to extend, inodify, forbear or make any aceo�nmodations with regard to lhe ten�as of this 5ecurity lnstrument or the Co»tract without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Security Instrumea�t is subject to a law wliich sets maximuzn loan charges, and that law is finally intecpreted so lhat the interest or other loan cl�arges collected or to be collected in connection with the loan exceed the pennitted limits, then: (a) any such laan charge shall be reduced by the amount rlecessary to reduce tl�e charge to the permitted limits and (b) any sums alre�dy collected from Borrowec which exceeded permitted limits will be refunded to Borrower. L.ender may, chc>c�se to make this refiind by reducing the principal owed under the Contract or by making a direct payxz�ent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. - ot ces Any notice tp Barrower provided for in this Se�nrity��sti�.i►nextt sliall be giveri by deIiveririg it or by mailing it by frst class mail unless Applicable Law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be �iven by firsl class mail to Lender's address stated herein ar any other address Leiider desigx�ates by notice to Borrower, Any notice provided for in this Security Instrument shall be deemed tc� have been given to Borrower or Lec�der when giv�n as provided in chis paragraph, Governing Law; Severability. This Security Instrua��ent shall be �overned by federal law and the laws of the stale of Nebraska. ln the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicabl0 Law, such conflict shall not affect other provisions of this Securiry Instru►nent or tlie Contracl which can be given effect without tl►e conflicting provision. To t}iis end the provisic�ns of this Security Instrutnent and the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfee of the Property or a Beneficial Interest in Borrower. lf all or any part of the Property or any interast in it is sold or transferred (or iF a beneficial interest in Borrnwer is sold or transferred ancl Borrower is noC a natural person) without Lender's prior written consent, Lender xz�ay, at its option, require itnmediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leneier if ex�rcise is prohibited by federal law as of the date of this Security lnstrument. If Lcnder exercises this option, Lender shall give Borrower nolice of acceleration. '1'he notice shall pravide a period of not less than tl�e aninimum number of days established by Applicable Law from the date tkie notice is delivered or mailed within which I3orrower tnust pay all suitis secured by this Security lnstrument. lf Borrower fai1s to pay these sums prior to the expiration of this period, Lander may invoke any remedies permiCted by this Security Instrument without £urther notice or demand on Borrpwer. Borrower's R3ght to Reinstate. If Borrower meets certain conditions, .Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other periad as Applicable Law may specify For reinslatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment en£prcing tlais Security lnstrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security instrwnent and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrumettt, including, but nc�t limited to, reasonable attorneys' £ees to the extet�t permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's riglits in the Property and Borrower's obligation to pay the siims secured �r 2004-2009 Compliance Systems, Inc. 002b-9R74 - 20U9.12.368 � , Consumer Real Estate - Security Instrument UI �036 Page�3 of 5 www.cornpliflncesysletns.eom