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�,,., .;.,� ; ,�� 2oioos23s <br />Borrower and Lender otherwise agree in writing or u��less Applicable Law otherwise provides, the proceeds s}�all <br />be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender Co Borrower that the condemnor offers to <br />make an award or seltle a claizn for damages, Borrower fails to.respoc�d to Lender witl�in the minimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or repair of the Property or to tl�e sums secured by Chis Security <br />Instrume»t, whether or not dien due. <br />Unless Lender and Sorrower otherwise agree in writing, any application o£proceeds to principal,shall nc�t extezid <br />or postpone the due date of th� payments due under the Contract or change tlie amount of such payments. <br />Borrower Not Released; Forbear�nce By Lender Not a Waiver. Extensian of the time for paymettt or <br />tnodi�cation of amortization of the sums secured by this Security Instruznent granted by Lender to any succ�ssor in <br />interest of Borrower s}xall not operate to release the liability of the original F3orrower or Borrower's successors in <br />interest.' Lender shall not _he r�qui�ed._�a. �cuxvnence �aroceadings ag�inst any successor in interest or refuse to <br />extend time for paymetxt or otherwise modiFy amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender i� exercisin� any riglit or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successors and Assigns Sound; Joint and Several Liabil�ty; Accommodation Signers. "1'he covenants a�id <br />agreements of this Security Instrument shall bind and benefit the successc7rs and assigns of Lender and Bc�rrower, <br />subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. <br />�3orrower's covenants and agceements shall be joint and several. Any person who co-signs this Security Instriiznent <br />but has no personal liability under the Coartract ("Accommodation Signer")�: (a) is co-signing this Security <br />Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Praperty under the <br />te�ns of the Securily Instru�nent; (b) is not personally obligated to pay tlie sums secured by this Security <br />Inslrument; and (c) agrees that Lender and any oCher Borrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of tliis Se.curity Instrument or th� Co��tcact without that Accorrunodation. <br />Signer's conset�t. <br />Loan Charges. lf the loan secured by this Security lnstrument is subject to a law which sets maxiznum loan <br />ck�arges, and that law is finally interpreted so that the interest or c>ther loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such lnan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums already callected from Borrower <br />which exceeded permitCed limits will be refunded to Borrower. I,ender may choo�e to make this refi�nd by <br />reducing the principal owed under the Contract or by making a direct payrnent to E3orrower. I£ a refiind reduces <br />principal, the reduction will be Ixeated as a partial prepaycx�ent under tlie Cc>ntract. <br />_ _ __ <br />-- - Notlees. �ny riotice to I3orrnwer provided fot' in this 5ecurify Instrument sfiall be given by deliveririg `it or iiy <br />mailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to <br />the Property Address or any other address Borrower designates by notice to T.,e►tder. Any notice to Lender shall bE <br />given by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Sacurity Instrument shall be deemed to have been �iven to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Sevecability. This Security Instrument shall be governed by federal law and the laws of tl�e state <br />of Nebraska. in the event that any provision or clause of ttus Security Instrument or the Contract cor�flicts wilh <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract which <br />can be given effect without the conflicting provision. To this end the provisions �f tlais SecuriCy Instrument and the <br />Contract are declared to be severable. <br />Borrower's Copy. Borrowsr shall be given one contonned copy of t�iis SecurXty Instrument. <br />Transfer of the Property or a Bene�cial Interest In Borrawer. If all ar any part of the Property pr any iz�terest <br />in it is sold or fransferred (pr if a beneficial interest in Borrower is sold or trans£erred and I3orrower is not a <br />natural perspn) without I,ender's prior written consent, Lender may, at its option, require immediate p�yza,aent in <br />full of all sums secured by this Security Instruiment. However, thrs option shall not be exercised by' Leriaer'if <br />exercise is prohibited by federal law as of the date of t}ais SecuriCy Instrutn�nt. <br />If I.ender exercises this option, Lender shall give Borrawer notice of acceleration. The notice slaall provide a <br />period of not less than the minimum number of days established by Applicable Law from the date the n�tice is <br />delivered or mailed within which Borrower must pay all surns secured by tlus Security lnstrunien� If Borrower <br />fails to pay these sutns prior to the expiration of this period, Lender may invoke any remedies pennitted by tlzis <br />Security Instrument without further notice or decnand on Borrower. <br />Borrower's Ri�ht ta Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security .[nst� discontinued at any time prior to tl�e earliec of: (a) 5 days (or. such other <br />period as Applicable i,aw may specify for reinstatement) before sale of the Properky pursuaz�t to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this 5ecurity Instrument. Those <br />conditions are that Borrower: (a) pays I,ender all sums which then would be due under this Security lnstrument <br />and the Contract as if no acceleratiot► ltad occurred; (b) cures any default of any other covenants or a�reements; (c) <br />pays all expenses incurred ii� enforcing this Security Instrument, including, but not limited to, reasonable atkorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's rights in the Property and Borrower's oblagation to pay tlze sums secured <br />c?� 2004-2009 CompliFmcc Systems, Inc. 002b-�F73 - 2UO9,123fiR . <br />Cnnsumer Reel l?sl.nte - Se[urity Instrument DL2036 , Page 3 of 5 � w�vw.complinncesys�nrns.cwn <br />