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�` �') ' " >' � : i i j �'' �' 2oioogss� paid to Borrc�wer, iz� the event of a partial t�king of the Property in which the fair market value of the I'roperty immediatEly before the taking is less than the amount af the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, ihe proceeds sliall be applied to the sums secured by this Security Instxument whether or not the sums are Chen due. If die Property is abaa�doned by Borrower, or if, after izotice by Lender ta Borrc�wer tl�at the condemnor cyff'ers tn make an award or setlle a cla.irn for dama�es, Borrower f'ails to respond to I�ender within rhe minimum number �f days established by Applicable l.aw after tlie date the notice is given, Lender is authc�rized to collect anci apply the proceeds, at its option, either to restoraCion or repair of the Property ar to the sums secured by tliis Security Instrument, whether or nat then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or poslpone the due date of the payments due under the Contract or change the amount of such paymenls. 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 I�iatrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original' Borrower or Borrower's successors in iriterest. Lender shall not be required to commetace proceedings against any successor in interest or refuse to extend time for payinent or aeherwitie modify aznortization of the sums secured by fhis Security Instrument by reason of any de►nand made by t�ie original Borrower or Borrower's successors in interest. Any forbearaz�ce by I,ender in exercising any right or remedy sl�all not be a waiver of c>r �reclude tk�e exercise of any right or remedy. Successors and Assigns Bc►und; .Ioint and Several Liability; Accommodation Sig�aers. '�'he covenants and agre�ments of this Security Ix�skrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to ttie provisic7ns af section titled Transfer of the Property or a Bene�ci�l I�terest in Borrower. Borrower's covenants and agreements shall he joint and several. Any person who co-signs this Security ln�tn�c�erat but has no pertional tiability under the Contract ("Accommc>dation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property undcr the terms of the Security Instrument; (b) is ziot personally obligaced to pay the sums secured by tliis Security Instruruent; and (c) agrees that Lender and any other Borrower �nay agree to extend, modify, forbear or mak� any accammodations with regard to tlae terms of this Security Instrument or the Cotttract without that Accommodation Signer's consent. Loan Charges. If tlie loan secured by thi5 Security Instniznent is subject to a law wtiich sets maximu►n loan charges, and that law is finally interpreted so that the interest or other laan charges callecteci i�r to be collected in cona�ection witla the loan exceed t1�e permitted limits, then: (a) any such loan charge shall be reduced by tf�e artiount necessary ta reduce the charge to the permittcd litnits and (b) any suins already collected from Borrower which exceeded perinitted limits will be refiuided to Borrower. Lender may choose to ►nake this relund by reducing the principal owed uiider the Contract or by making a direct paytnent to Borrower. If a refivad recluces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it cir by mailing it hy first class tnail unless Applicahle I,aw requires use of anottier n:zetl�od. The notice shall be directed to the Yroperty Address or any other address Borrower designates by notice to Lender. Any notice to Lender �hal] bE given by �rst class mail to �.ender's address stated lzerein or any other address l,ender designates by notice to Borrc�wer. Any notice provided for in this Security lnstnimez�t shall be deemed to have been given to F3�rrower or L,ex�der wl�en givez� as provided in tlais paragrapl�. Governing t,aw; Severability. T'his Security Instniment shall be governed by federal law and tlae laws of tk�e state of Nebraska. ln the event that any provision or clau�e of this Security lnstruzne��t or tl�e Coritract conflicts with Applicable Law, such conilicc shall noC afiect other provisions of this Security Instrument or the Contract which can be given effect without the conflicting provision. To this end the provisic�ns of this Security Instrument and the Contract are declared to be severable. Sorrower's Copy. Borrower shall be given one conforzned copy of this Security lnstrument. Transfer of the Property or fl I3eneficifll Interest in Borrower. If all or any part of the Property or any i�iterest izi it is sold or tcansferred (c�r if a beneficial interest in Borrower is sold or transferred and I3orrower is nc�t a natural person) without Lender's prior written consent, Lender may, at its oplion, require inunediate payttient itt full of all sums secured by this Security Instrument. Hawever, ttiis option shall not be exercised by Lender if exercise is prohibited by federal Taw as of the date of tl�is Security Instrurnent. lf Lender exercises this option, Lender shall give �3orrower xaotice of acceleration. Ttie notice sl�all provide a period of not less than the minimum number of days established by Applicable Law froan the date the notice is delivered or mailed within which Borrower nzust pay all sums secured by this Security Ix�stn�n�ent. If 13orrower fails to pay these sums prior to t}�e expiration of tliis period, Lender may invoke any remedies pernlitted by this Security lzastnunent withauC further notice or demand ott Borrower. Borrower's Ri�ht to Reinstate. If Borrower meets certain conditions, Borrower sh�ll hav� the right. to l�ave enforcement of this Security Instrument discanCinued at any tizne prior to the earlier of: (a) 5 days (or such other period as Applicable i.aw may specify for reinstatement) befpre sale of the Property pursuant to any power of sale contairied in fhis Securiry Instniment; or (b) entry of a judgment enforcin� this Security Itistnunenf. Those conditions are that Borrower: (a) pays Le��der all sums which then would be due under this Security InGtniment and the Contract as if no acceleration laad ��ccurred; (b) cures any default of any other covenac�ts or agraements; �c) pays all expenses incurred in enforcing this Security lnstrument, including, but not li�nited tti, reasonable attocneys' G9 2004-2009 CompGn„ce Syslems.lnc. 002D-A23E - 2009.12368 Consumcr Real G,sln�e - Security Insvumcnt DL2036 Pagc 3 of 5 www.complinnccsysta�ns.cnm