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_ . . � � ° 201008501 Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise prnvides, the proceeds sl�all be applied to the sums secured by this Security lnstrument whether qr n�t the sums are tlien due. If the Property is abandoned by Borrowez or if, after noCice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimu►n numb.er �f days established by Applicable Law after tlie 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 proceeds to principal shall not extend or postpone the due date of the payments due under the Contract ar change the amouzat of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or. modification of amortization of the sums secured by this Security Inscrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the origizial Borrower or Borrower's succe�sors in interest. Lender shall not be required to co�nmence proceedings against any successor in interest or refuse to exlend time for pay�nent or odierwise modify amortization of the sums secured by this Security Instrument by reason of any demand made. by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or precluda the exercise o£ �ny right or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreemsnts of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled Txanst'er of the Property or a Bene�cial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person wl�o 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 Accornmodatiozi Signer's interest in the Property under ttie terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instruznent; and (c) agrees that Lender and any other Borrower may agree to extend, �nodify, forbear or make atzy accommodatian5 with re�ard to the terms of this Security Instrument or the Contract without chat Accommodation Signer's consent. Laan Charges. If the loan secured by this Security Instrument is subject to a law which sets maxi►nu�n loan charges, and that law is finally 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 redueed by the a�nount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. I,,ender �x�ay choose to make this refund by reducing the principal owed under the Contract or by making a direct payment to Borrower. If a refund reduc.es principal, th� reductian will be treated as a pattial prepayment under the Contract. Natiees. Any notice to 13orrower provided for in this Security Instrument shall be given by delivering it or by mailing it by fir�t class mail unless Applicable Law requires use of aanotlier znetl�od. 'The xaotice shall be directed to the Property Address or any other address Borrower designates by notice lo Lender. Any notice to Lender shall be �iven by first class mail to Lender's address stated herein or any other address Lender designates hy notice to Borrower. Any notice provided far in this Security :lnstrument shall be deezx�ed to have been given to F3orrower or Lender when given as provided in lhis paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law a��d t}ae laws of the state of Nebraska. In the event that any provisipn c�r clause of this Security Instrument or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this Security lnstrument or the Contract which can be given effect without the cottflicting provision. To this ettd the provisions of this Security Instrument and the Contract are declared to be severable. Borrower's Cupy. Borrower shall be given one conformed cnpy o£this Security Jnstrument. Transfer of the Property or a Bene�cial Interest in Borrower. If all or any part of the Pr�perty or any interest in it is sold or transterred (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 paymeirt in full of all swns secured by this Security Instrument. However, this option shall not be exercised by I�endec if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of accelerativn. The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date the uotice is delivered or mailed within which Borrower must pay all sums secured by tlais Security Instrument. If Borrower fails to pay these sums prior to the expiration of tliis period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower's Right 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 peripd as Applicable Law may specify for reinstatement) before sale of the Property pursuant to any �ower ol sale contained in this Security Instrument; or (b) entry of a judgment enforcing this. Security Instrument. 'f'hc�se conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security InsCrument and the GonCract as if no acceleration had occurred; (b) cures any default of any other covenants c�r a�reements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not lnnited to, reasonable attiorneys' fees to 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 the sums sec�ued C�i 2004-2009 Cmnpliance Systems, Inc. D02D-A2FB - 2009.12,368 Consumer Real Estate - Sccurity Instmment 1]I.2U36 Pflge 3 nf 5 www.complianCe5yq�ems.com