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;� „ �,,,:, � � �,�. 201008475 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 Instxument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails ta respond to Lender within the minimum number of days established by Applicable L.aw after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of praceeds to principal shall not extend or postpone the due date of the payments due under the Contract or change the amount of such payments. Sorrower Not Released; Forbear�nce By Lender Not a Waiver. Extension of the time for payment or modificatian of arnortization of the surns secured by this Security Instrument granted by Lender to any successor in interest of Barrower shall not operate to release the liability of the original Borrower or Borrawer's successors in interest. Lender shall not be required to cottunence praceedings against any successor in interest or refuse to extend time for payxnent or otherwise modify amortization of the sutns secured by this Security Instrument by reason of any demand made 6y the ariginal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise af any right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The cavenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. Borrawer's covenants and agrsements shall be joint and several. Any person who co-signs this Security Instrument but has no personal liability under the Contract ("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 Inst;rument; (b) is not personally obligated to pay the sums secur�d by this Security Tnstrument; and (c) agrees that Lender and any ather Borrower may agree to extend, modify, forbear or make any accommodations with re�ard to the terms of this Security Instrument or the Contract without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Sectu'ity Instrument is subject to a 1aw which sets maximum loan charges, and that law is �nally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge ta the pernutted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choase to make this refund by reducing the principal owed under the Contract or by making a direct payxnent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notiees. Any notice to Borrower provided for in this Security Instniment shall be given 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 Praperty Address or any other address Borrower designates by notice to Lender. Any notice to I.ender shall be given by first class mail to I,ender's address stated herein or any other address Lender designates by notice to Sorrower. Any notice provided far in this Security Instrument shall 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 governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this 5ecurity Instnunent or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instnunent. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payrnent in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this 5ecurity Instniment. If I.ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this periad, Lender may invoke any remedies permitted by this Security Instruraent without further notice or demand on Borrawer. Borrower's Rfght to Reinstate. IF Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instcument discontinued at any time priar to the eaxlier of: (a) 5 days (or such other periad as Applicable Law may specify for reinstatement) before sale af the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. T'hose conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument 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 Instrument, including, but not limited to, reasonable attorneys' fees to the extent pernutted by law; and (d) takes such action as Lender tnay reasonably require to assure that the lien of this Security Instrument, Lender's rights in tha Prop�rty and Borrower's obligation to pay the suxns secured � 2004-2009 Compliance Systems, Inc. 002D-64AE - 2009.12.368 Consumer Real Estate - Security Instnunent DL2036 Page 3 of 5 u'wu'.compliancesystems.cam