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. a ,� �. r , � 2010488�� Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the suins secured by this Security Instruxx►ent whether or not the sums are tlien due. If the Property is abandoned by Borrower, or if, after notice by Lender to I3orrower that tl�e condemnor offers to �nake an award or settle a claim for dama�es, Borrower fails to respond to Lender witlun the minimum nurnber c�f days established by Applicable Law after the date the notice is �iven, I,et�der is autk�orized to collect and apply the proceeds, at its optipn, either to restoration or repair of the ProperCy or to the sums secured by tliis Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any ap�lication of proceeds to princi�?al sl�all not extend or postpone the due date of the payments due under the Contract or change the amount of such plyments. Borrower Not Released; Forbearance By Lender Not a Waivear. kxtension of the tiine for payment or modification of amortization of the sums secured by tliis Security Instrument granted by Lender tn any successor in interest of B�nrower shall not operate to release lhe liability of the original Borrower or Borrower's successors in interest. Lender shall nat be r�yuired to comzanence proceedings against any successor in inCerest or r�fuse to extend tizne for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original �3orrower or Borrower's successors in interest. Any fc>r.beara»ce by Lender in exercising any right or remedy shall not be a waiver of or �reclude the exercise of axry riglat or remedy. Successors and Assigns Bound; Jaint and Several Iaiability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject Co the provisions of section titled '1'ransfer of the Property or a Bene�cial Interest in l3orrp�ver. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security lnstrument but has no personal liability under the Contract ("Accomznodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that 1lecommodation Signer's interest in the Property under the terms of the Sacurity Instrument; (b) is not personally obligated to pay the sums secured by this SecuriCy Instruinent; and (c) agrees tl�at Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instruxnent or the Contract withaut that Accomzxzodation Signer's consent. Loan Charges. Tf the loan secured by this Security lnstrument is subject to a law which sets maximum laau charges, and that law is finally interpreted so that the interest or other loan charge� collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such Ioan charge shall be reduced by the amounC necessary to reduce the charge to the permitted litnits and (b) any sums already collected from Borrower which exceeded permitted lixnits will be refunded to Borrower. Lender may choose to make this refund by reducing tlxe principal owed under the Conlract or by making a direct payment to B�rrower. If a refund reduce� principal, the reduction wi11 be treated as a paz prepayment under the Contract. Natices. .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 Law requires use of another method. The notice sliall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender. shall be �iven by first class mail to Lender's address stated herein or any other address Lender desi�nates by notice to Borrower. Any notice provided for in this Secucity lnstrument shall be deemed to I�ave been given to .Borrower or Lender when given as provided in this paragraph, Goverping Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state of Nebraska. In lhe event that any provision or clause of this 5ecurity Instrument or the Contract co��flicts with Applicable Law, such conflict shall not affect otlaer provisions of this Security Instrument �>r the Contract which can be �iven effect without the ec�nflicting provision, To this end the provisions of diia Security and the Contract are declared to be severable. Sorrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Bene�cial Interest in Sorrower. If all or aziy part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sald or transferred and Borrowei i5 not a natural person) withput Lender's prior wriCten consent, Lender may, at its'option, require imme�liate paymenC in full of all sums secured by this Security Instrument. However, this option sl�all not be ex�rcis�d by Lender if exercise is prohibit�d by federal law as of the date of this Securify Instrurnent. If Le�ider exercises this option, Lender sl�all give I3orrower notice af acceleration. The notice sl,�all provide a. period of not less tk�ax� the minirnum number of days established by Applicable Law from the date tlie notice is delivered or mailed within which Borrowec must pay all sums secured by this Security lnstrument. If Borrower fails to pay diese suzns prior to the expiration of this period, Lender may invoke any remedies permitted by this 5ecurity Instrument without further notice or demand on Borrawer. Borrower's Right to Reinstate. lf $orrower n�eets certain condiCions, Borrower shall have tlie righl to have enPorcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or sucb other period as Applicable I.,aw may specify for reinstateznent) before sale of the Property pursuant to any power af sale contained in this Security Instruinent; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instru�nent and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreernents; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable 'aftorneys' fees to the extent permitted by law; and (d) takes sucl� action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rigl�ts in the Property and Borrower's c�bligation t� pay the surns secured rs..? 2004-2009 Crnnpliflnce Sysiems, Inc. UO2U-AC59 • 2009.12368 , �� . Cm�sumer Renl Fstate - Security Insnvmcnt �L2036 Pagc 3 of 5 ��Ww.compliancecystems.com