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P � ;��,,, . � �' zoioos2o� Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceed� shall be applied ta the sums secured by tfais Security Instrument whether or not the sums are then due. If the Yroperty is abando►�ed by Borrc�wer, oc if, after notice by Lender to BorrC�wer that the condemnor offers to make an award or settle a claiin for damages, Borrower fails to resppnd to Lender within the miniznum number of days established by Applicable Law after the date the notice is given, Lender is authnrized to collect attd apply the proceeds, at its option, either to restoration or repair of the Property or to tlie S�uns secured by this SecuriCy Instru�nent; whether or not t}�en due. Unless Lender and Borrower otherwise agree in wr�ting, any �tpplication of proceeds to principal shall not extezzd or postpone the due date of the payments due under the Contract or change the amount of such payments. �3orrower Not Released; Torbearance Sy Lencler Not a Waiver. Fxtension of the time for payment or moditication of amortization of the sums secured by this Security Instrument granted hy Lender lo any succe�sor in interest of Borrower sl�all not operate to release the liability of the original Dorrower or Borrower's successors in interest. l.,ender shall not be required to ccymtner�ce proceedings agaiiist any suci;essor in. interest or refiise to extend time for payment or otherwise modify amortization of the eums secured by fhis Security Instrurr�ei�t by reason of any demand madc by the original Borrower or Barrow�r's successors in interest.. Any forbearance by Lender iaa exercising any rigl�.t or remedy shall not be a waiver of or preclude the exerci�e of any right or remedy. Successors and Assigns 13ound; Joint and Several LiAbility; Accommodation Si�qers, The covenant� and agreements of this Security Instrument shall bind and bene�t the successars and as5i�ns of I,ezader and 13orrower subject to the provisions of section tiCled Transfer of the Pr�perty or a Bene�cial,Int�rest an Borrower. �3orrower's covenants and agreements shall be joint and several. Any person who co-signs this Security lnstni�nent but }ias no persc�nal liability under the Contract ("Accc�mTnodation Signer"): (a) is co-signing this 5ecurity lnstrument only to morkgage, grant and convey that Accommodation Signer's interest in tkie Property u�ider tl�e terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees tliat Lender and any olher Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of fhis Security Instrument or t}ae Contract withc�ut that Acconuiiodatian Signer's co��sent. Loan Charges. If the loan secured by this Security lnstrument is subj�ct to a law which sets maximum loari charges, and that law is finally interpreted so that the interest or otl�er loan charges callected or to be collected in con��ection with the loan exceed the perniitted limits; tlien: (a) any such loan c}�arge shall be reduced by the atnciunt necessary ta reduce the charge to the pennittEr� limits and (b) any sums alr�ady collected frorn Borrower whicl� exceeded permi�ted limits will be refunded t� E3orrower. Lender may choose to �nake this refund by reducing the principal owed under the Contract or by making a direct payxne�at to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayznent under t�ie Contract. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless Applicable l.aw requires use af another metl�od. The notice sliall be directed to the Froperty Address or any other address Borrower desi.gnates by notice to Lender. Aary nqtice to Le�ider shall be given by first class mail to Lender's address stated herein or any otk�er address Lender ciesignates by notice to Borrower. Any notice provided for in this 5ecurity instnunent shall be deemed tn have been given to Barrower or Lender when given as provicled in this paragraph. Governing Law; Severability. This Security lnstrument sliall be governed by federal law and the laws of tk�e state of Nebraska. In the event that any provision or clause of this Security Instrument or the C�ntrzct conllicts with Applicable Law, such conflict shall not affect other provi�io»s of tk�is Security InstrumenC,or the Contract wl�zc}�. can be given effect without the conflicting �rovision. 'I"o this end the provisiolls. of tliis Security. Instru�ient and ttie Contract are declared to be severable. Borrower's Copy. I3orrowec sl�all be given one confonned copy of tl�is Security lnstrumenC. 't'ransfer of the Property or a Bene�cial lnterest in Borrower. If all or any part bf t1�e Property or any interest in it is sold or transferred (or if a bene�cial interest in Borrower is sold or Cransferred a�7d Borrower is not a natural person) without Lender's prior written consent, I,ender rnay, at its option, require immediate paymen� in full of all sums secured by this Security instcuznent. FIowever, this option shall not be exercised by I,et�der if exercise is prol�ibited by federal law as of Che date of this Security Instruinent. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tl�e 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 5ecured by thi5 Security lnstrument. I.f E3orrower fails to pay tl�ese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrume��t without further notice or demand on Borrower. Borrawer's Right ta Reinstate. If I3orrower meets certain conditions, Borrower shall have tlie right to have enforcament of this Security Instrutnet�t discontia�ued at any time prior to the earlier of: (a) S days (ar such other period as Applieable Law may specify for reinstatement) before sale of the Property pursuant to any power oP sale epntained in this Security Instrument; or (b) entry of a judgment enforcix�g .this Security Instrurnezat "I'taose conditions are thaC Bqrrower: (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 otl�er covenants or agreements; (c) pays all expenses incurred in enforcing this Security lnstrument, including, but not liznited to, reasonable attorneys' fees to tl�e extent permitted by law; and (d) takes such action as I.,ender may reasonably require to assure fhat the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation Co pay ttie siims secured C�? 2004•2009 Cnmpliance Systems, Inc. 002U-BOCD - 2009. � 236A � � � . . Cansumer Real Estate - Security Instrumcnt DL2036 Pagc 3 nf 5 � � � www,cpu�plinnieSySlems,cwn