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•. 20100$42� Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by chis Security Instrument whether or not the sums are then due. lf the Praperty is abandoned by Borrower, or if, after notice by L.ender to Borrower that the condemnor ot�ers to xnake an award or settle a claim for damages, Borrower £ails to respond to Lender wit}�in the ininimum number of days established by Applicable Law after the date tlie notice is given, Lender is authorized to cC�ilect and apply t}ie proceeds, at its option, eitl�er to restoration or repair of the �'roperty or to tl�e sums secured by this Security instrument, whether pr npt then due. Unless I.ender and Borrower otherwise a�ree in writing, any application of proceeds to principal shall not extend or postpone the due date of tlic payments due under the Contract or change the amount of such payments. Borrower Not Released; Fprbearance Sy Lender Not a Waiver. Extension of die time for payment or modification of amortization of t�ie sums secured by this Security Instrument granted by Lender to any success�7r in interest of Borrower shall not operate to release tlie liability of the original Barrower or Borrower's successors in interest. Lender sf�all rxot be required to commance proceedings against any successor iri interesl or refuse ta extend time for payment or ptherwise modify amortization of the sums secured by this Security Instrurnent by reason of any demand xnade by the original Borrower or E3orrower's successoz�s in interest. Any forbearance by Lendec in exercising any right or remedy shall not be a waiver of or preclude the exercise of any righl or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covcnants and agreements of this Security Instrumez�t sk�all bizid and benelil lhe successors and assigns oF Lender and Bnrrower, subject to the provisions of section titled Transfer of the Property or a Bene�cial interest i�► Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instr but has no personal liability under the Cpntract ("Accomnnodation Signer"): (a) is co-sigz�i�ag this Security Instrument only to mortgage, grant and convey that Accornmc�dation Signer's imerest in the Property under the terms of the Security Instruinent; (b) is not personally obligated to pay the sums secured by this Security Instrucnent; and (c) agrees that Lender and any other Borrower may agre� to extend, modii'y, forbear or make any accommpdations with regard to the terzns of tlus Security lnstrument or the Contract without diat Accommodation Signer's consent. I,oan Charges. If the loan secured by this Security Instrument is �ubject to a law which sets maximum loan charg�s, and that law is finally interpreted so that tl�e interest or otl�er loan cY�ar�es collected or to be collected it� connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by tlie amount necessary to reduce the charge to the permitted limits and (b) any suzns already collected fron� I3orrower which exceeded permitted limits will be refunded to Borrower. Lender may c}aoose to make this refi�nd by reducing the principal owed under the Contract or by inaking a direct payment to B��rrnwer, If a refuttd reduces principal the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Bonrower provided for in tl�is Security Instniment shall be given by delivering il or by mailing it by tirst class mail unless Applicable Law requires use of another method. 'T}�e notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein cyr any olher address Lender desigi�ates by i�otice tn Borrower. Any notice provided foc ian this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Coverning Law; Severability. This Security Instrument �hall be governed by federal law and the laws of tlie state of Nebraska. In the event that any provision or clause of this Security Instrurnent or the ContracC conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract wl�ich can be given effect wiChout t�ie conflicting provision. To this end the prpvisions of this Security Instrument and the Contract are declared to be severable. Borrower's Copy. Borrawer shall be given one conformed copy of this Security Instrument. Trans#'er of the Property or a Bene�c'ial fnterest i�ii �3orrawer. If all or any part of the F'roperty or any interest in ic is sold or transferred (or if a beneficial interest in Borrower is sold oc transferred and Borrower is not a natural person) without Lender's prinr written consent, Lender may, at its option, require irrunediate payment in full of all sums secured by this Security instrument. However, this option sl�all not b� exercised by Lender if exercise is prohibited by federal law as of the date of this Security [�tstrumsnt. If Lender exercises t�iis option, Lender shall give Borrower notice of acceleration. The notice sl�all prc�vide.a period of not less than the rninimum number of days established by Applicable I.aw from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Barrower fails to pay these su�ns priar to ttie expiration of this period, Lender may invoke any remedies perrxtitted by tl�is 5ecurity Instrument without #'urther notice or denaa�ad an Borrower. Borrower's Right to Reinstate. If Borrower meeta certain conditions, Borrower shall have the ri�ht tc� have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicabla Law may specify for reinstatement) before sale of the Property pursuant to atty power of sale contained in tlais Security Instrument; or (b) entry of a judgme�it enforcing tlzis Security Instrument. 'I'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 af any other covenants or agreements; (c) pays all expenses incurred in ex►forcing this Security lnstrument, including, but not limited to, reasonable attc7rneys' fees ta the extent pennitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay tlie sums secured r9 2004-2p09 C'ompliancc Systcros, Inc. 002D-["F:58 - 2009.12368 � Consamer Real Estate - Sccurity Instrument UL2036 Pagc 3 of 5 www.complit�ueesystemc.com