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201008811 ` � �� :� ' ::� : <br />Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Security lnstrument whether or not the sums are then due. <br />IF the Pr�perty is abandoned by Borrower, or if, attex notice by Lender to t3orro�er tliat the e:��ndemnor offers to <br />make an award or settle a claim for datnages, Borrower fails to respond to Lender witliii� the rninimum number of <br />days established by Applicable Law after th� date the notice is �ive��, l,ender is authbrized tc7 collect and apply the <br />proceeds, at its option, either co restoration or repair c�f tlie Property or to the sunas secured by this Security <br />Instrument, whether or not tkien due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to prineipal shall not extend <br />or postpoz�e the due daCe of the payments due under the (:ontract or chan�e the acnount of such payments. <br />Borrower Not Released; �'orbearance By Lender Not A Wxtver. Extension oF the time for. p�yment vr <br />�nodification of amortization of tlie 5ums secured by this Security Instrument granled by Lender. to any success�r in <br />inCerest of Bocrower shall not operate to release the liability of tlie original Borrower or Borrower's succesxors in <br />interest. Lender sl�all not be required to comtnence proceedings against ax�y successor in interest or refuse to <br />extend time for payment c�r otherwise modify amortization of the sums secured by tk�is Security Instrument by <br />reason of any demand znade by the ariginal Borrower or Borrower's successors in interest.. Any forbearance by <br />Lender in exercising any ri�Ht or re�nedy shall not be a waiver of or preclude the excrcise of any right or remedy. <br />Successors and Assigns Bound; Joint and Several Liability; Accommodatian Signers. 'The covenants and <br />agreements of this Security Instrument sl�all bind and benert the successors and assigns of Lender and F3orrower, <br />suhject to the provisions of section tilled Transfer of tl�e Property or A Bene�cial Interest in Borrower. <br />B.orrower's covenants and agreements shall be joint and several. Any person whp cc>-signs this SecuriCy Instrument <br />but has no personal liability under the Contracl ("Accozrunodation Signer"): (a) is cc>-signing this Security <br />Instruittertt only to mortgage, grant and convey that Accommodation Si�ner's interest in the Prc�perty u�ader tlie <br />Lerms of tlxe Sectuity Instrument; (b) is not personally obli�ated to pay the sums secured by this Security <br />Instrument; and (c) a�rees tl�at Lender and any other Borrower may agree to extend, modify, forbear or niake any <br />acconunodations with regard to the tenns of this Security Instrument or the Contracf wit�iout that Acconunodation <br />Signer's consent. <br />Laan Charges. If the loan secur�d by this Security lnstrument is subject to a law which sets maximum loan <br />cl�arges, and that law is finally intez so that the interest or other loan cl�arges collected or ro be collectad in <br />connecti��n with the loan exceed the permitted limits, then: (a) any such ]cian charge shal] be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any 5ums already collected from Borrower <br />which exceeded pertnitted limits will be refunded to F3orrower. Lender may choo�e to. make this refund by <br />reducing tlie principal owed uud�r the Coz�tract or by making a direct payment to Borrower..if a refund reduces <br />principal, the reductiori will be treated as a partial prepayment under the Contract. <br />Notices. Any notice to Borrower provided for in this Security lnetrument shall be given by delivering it or by <br />mailing it by first class mail unl�ss Applicable [,aw requires use of another method. The nC�tice shall be directed to <br />the Property Address or any other address Borrawer designates by ziotice to Lender. �1ny notice to Lender shall be <br />�iven by first class mail to Lender's address stated herein or any otlier address Lender detii�nates by �iotice to <br />Bnrrower. Any notice provided for in this Security Instn�ment shall be deemed to have been given la Borrower or <br />Lender when given as pravided in tliis paragrap}�. <br />Gaverning Law; Severability. This Security Instru►nent sliall be goverc�.ed by federal law and the laws of the state <br />of Nehraska. Ix� tlie event th�t. any provision or clause af this Security InStrument or the .Cot�tract co��flicts with <br />Applicable Law, such conflict shall not affect c�ther provisioz�s of tl�is Security Instruzne�it or the Contract which <br />can be given effect witt�out the conflicting provision. To this �nd the provisions of this. Security Instn�ment.and the <br />Contract are declared to be severable. <br />gorrower's Copy. Borrower shall be given one conformed capy of this Security Instrument. <br />Transfer of the Property or a Bene�cial Interest in Barrower. If all or any part of the P'roperty or any interest <br />iii it is sold or transferred (or if a beneficial interest in Borx is sold or transferred'and'Borrower is anot a <br />n�tural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in <br />full of all sums secured by this SecuriCy Inslrument. Hawever, this aption shall not be exercised by Lender if <br />exercise is prohibited by federal law as of the date of this Security Instrunaent. <br />IP Lender exercises this opCion, Lender shall give Barrower notice of acccleration. The notice shall pravide a <br />period of not less than the minimum nuixiber of days established by Applicable Law from ttie date the ziotice is <br />delivered or mailed within wl�icl� I3orrower �nust pay all surns secured by this Security Instrument. If I3arrower <br />fails tc� pay tliese sums prior to the expiration of this peric�d, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Horrower. <br />Borrower's Right to Iieinstate. If Borrower ineets certain conditions, Borrower s1�a11 l�ave tl�e right to }�ave <br />enforcement of this Security Instrument discontiiaued at any time prior to tl�e earlier of: (a) ,5 days (ar suc�h other <br />period as Applicable Law may specify for reinstatement) before sale of the Property pursuattt fo, any power ��f sale <br />contained in this Security Instru.me��t; or (b) entry of a judgment et�forcing this 5ecurity Instrument, Tliose <br />conditions are that E3orrower: (a) pays Lender all sums which then would be due under this Security Instrument. <br />and tl�e Contract as if no acceleration had occurred; (b) cures any default of any otlier coveraax�ts or a�ceeme��ts; (c) <br />pays all expenses incurred in enforcin� this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; atxd (d) takes such action as Lender may reasonably require to assure that Che <br />lien af this Security Instrument, Lender's rights in the Prc�perty ax�d Borrower's obli�ation to pay the sums secured <br />m 2UU4-:U09 Cumplinnce Syslems, Inc. O(12n-fi9l�n - 2pn9.12.3fiR ; � �. <br />Consumer ReHI �.slnte - Securily Instrument u1.20?6 1'age l nF5 � www.co�nplidn��e5y51em5.COm <br />