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� (A . , � � .. 2oiooss�5 taking, divided by (b) the fair market value of the Property immediately before tlae taking. Any balance shall be paid t.o Borrower. In the event of a parfial taking of the Property in whiclz tl�e fair market value o£ the Property inun�diately before the taking is l�ss than the amount of the sums secured immediately before tl�e takii�g, unless 13orrower and Lender otlierwise agcee in writing or unless Applicable I.aw otherwise provides, the proceeds shall be applied to the sums secured by lhis Security It�stcument whether or not the swns are then due. If the Property is abandoned by Borrower, or if, atter notice by Lender to Borrower thaC the condeim�or offers to make an award or settle a claim for damages, Borrower fails to respond to I�ender within the minimum number of' days established by Applicable Law 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 SA1775 secured by ttiis Security Instrument, whether or not thet� due. U��less Lender and Borrower otherwise agree in writing, any application of proceeds to principal slaall not extend or postpone the due date of tl�e payments due under the Contract or change tl�e amount of such payments. Borrower Not Released; Forbearance By Lender Not a Waiver. �,xtension of tl�e tinne for payment or mc�dificatiozi of amortization of the sums secured by this Se,curity Instrument granted by Lender to any successor in interesl of Barrower shall r�ot operate to release lhe liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to cnxnmence proceedings against any successor i�i izaterest or refuse to extend time for payment or otherwise modify amc7rtizatio�i of the sums secured by this Security Instn�rT�ent by reason of any demand made by the original Borrower or Borrower's successors in iz�terest. Aiiy forUearance by Lender in exercising any right or remedy shall not be a waiver of ar preclude the axercise of any r�gl�t or remedy. Successors and Assigns Bound; .Tnint and Several I,iability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and bene�t the successors and assi�ns of I,ender and Borrower, subject to the provisions o£ section titled '1'ransfer of the Property or a Bene�cial Interest in Borrower. Borrower's cavenants and agreements shall be joint and several. Any person who c�-signs thi5 Security Instrurnent but has no personal liability under the Contract ("Acco�nrnodation Signer"): (a) is co-signing this Security Inscrument only to mortgage, �ra��t and convey that Accommodation 5igner's incerest in the Property under the ternas of the Security Instrumenc; (b) is nc�t personally obligated to pay the sums secLired by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, madify, forbear or make any accomznodations with regard to the lenns a£ this 5ecurity Instru�nent or the Contract witl�out tliat Accommodation Signer's consent. Loan Charges. If the loan secured by this Security lnstrument is subjecl to a law which sets maximum 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 tf�e pennitted limits, then: (a) any such loan charge shall be reduced by the amount �aecessary to reduce the charge to the perniitted limits and (b) any su�ns already collected frotn Borrnwer which exceeded per�nitted lirnits will be refunded to Borrower. Lender may choose Co iYiake this re£und by reducing the principal owed under the Contract ar by makin� a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Borrower prpvided for in this Security instrument Shall be givert by deliverin� it or by mailing it by tirst c1as5 mail unless Applicable Law requires use of a��other rnethod. '1'he x�otice shall be dicected to the Froperty Address or any other address Borrower designates by notice to Lender, Any nc�tice to Lcnder �hall be given by �rst class xziail to l.ea�der's address stated herein or any other address Lexider designates by notice co Borrower. Any natice prnvided fc�r in this Security Instrument shall be deemed to have heen 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 che laws of t�ie slale of Nebraska. ln the event tliat any provision or clause of this Security lz�struznent or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instruxx�ent or tl�e Contract which. can be given effect without tl�e conflicting provision. To tl�is end the provisions nf this Security Instrumeiit and the Contract are declared to be severable. Borrower's Copy. Barrower shall be given one conforined copy of this Security lnstrument. Transfer of the Property or a Bene�cial Ipterest in Borrower. If all or any part of lhe Property or any ititerest in it is sold or transferred (or if a bene�cial inCerest in Borrower is sold or transferred and �3orrower is not a natural person) without Lender's prior written coxasezat, l.ec�der inay, at its optinn, reyuire immediale payment in full of all sums secured by this Security Instrurnent. However, this option shall not be exercised by I.�ender if exercise is prohibited by fed�ral 1aw as of the date of ttus Security Instru�nent. If Lender exercises fl�is option, Lender shall give Borrower notice of acceleratian. 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 widain which Borrower must pay all sums secured by this Security InStrumcnt. If Borrower fails to pay these sums prior to the expiration of tlais period, I�e»der ►nay invoke any remedies percnitted by tliis Security Tnstrument without further notice or demartd an F3c�rrowar. Borrower's Rlght to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of tlais Security Instrument discontinued at any time pri�r to the earlier o£ (a) 5 days (or such other period as Applicable Law may specify for reinstateine��t) before sale of the Property pursuant to any power of sale contained in tliis Security Instrument; ar (b) entry of a judgment enforcing this Security Instrurr�ent. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument a�id the Contract as if no acceleratio�� had �ccurred; (b) cl�res any default of any other covenants or agreen�ents; (c) c(9 21)04-2009 Cnmpliancc Systcros, Inc. 002P-SUA2 - 2U09.123(i8 Consumer Real Estatc - Sccurity Insinimcnt DI.21136 Paqc 3 of 5 www.eompliencesysrems.com