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�: � �° �: `"' � ' 201008883 Borrower and Lendec otherwise agree in writing or unless Applicable Law otherwise provides, the proce�ds skaall be applied to the sums secured by this Security Instrument whether or nat th� swns are then due. If tkie Property is abandoned by Borrower, or if, after notice by Lender lo Borrower that the condemix�r offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the �ninimum,z�umber caf days established by Applicable Law after the date the notice is given, Lender is authorized lo collect and apply the proceeds, at its optio�a, either to restoration or repair of the �'roperty or to the sums sec�ired by this 5ecurity Instrument, whet}�er or noC tlien due. Unless Lender and Borrower otherwise agree in writing, any applicakion of proceeds to priiicipal shall not extend or postpone the due date of the payments due under the Cox�.tract or change the amount of such payments. Borrower Not Released; Forbearauce I3y .I.,ender Not a Waiver. Extension of the tizne for payme��t or moditication of a�nortizatiou af the sulns secured by tl�is Security Inscrument �ranted by Lender to any successor in interest of Borrower shall not operaCe to r�lease tlie liability of the original Borrower ar Borrower's successc�rs in interest. Lender shall noC be required to commence proceedings against any successor in interest or refuee to extend time f'or payr��ent or oCherwise modafy amortization of tl�e sums secured by this Security Inslrum�nt hy reascm of any deniand made hy the original Borrower or Borrower's successors in izaterest. riny forbearance by Letader in exercising any ri�kit or remedy shall nc�t be a waiver of or �reclude tlie exercise of any rigl�t or re'medy. Snccessors and Assigns Bound; Joint and Several LiTbility; Accommadation Signe'rs. The covenarits and agreements of this Security Instrument sk�all bii�d and benefit t}�e successors and assigns of Lender and Borrawer, sub,ject to the provislons of section titled 1 "YRqSfp�' of the Property or a BeneGcial Interest in Borrower. 13orrower's covenants and agreements 5ha11 he joint and several. Any person wlao co-signs tliis Security Instruznent but has no personal liaUility under the C;ontract ("Accoxx�znodation Signer"): (a) is co=signing this Security InStrument only to mortgage, grant and convey that Accomm��dation Signer's interest in .the Rroperty under tlie tenns of the 5ecurity Instrument; (b) i5 naC �erscmally obligated to pay the sutns secured by this Security Instrument; and (c) agrees that Lender acad any other Borrc�wer may agree to extend, modify, forbear or make any accommodations witk� regard to the terrns of this Security Instrument or tlae Contract without that Accom►aiodation Signer's consent. Loan Chs�rges, lf t}�e loan secured Uy this Sec�.irity Instrument is subject to a law whicl� sets maximum loan charges, and that law is finally interpreted so that the interest or otf�er loan charges collected crr tc� be collected in connection with tkie loan exceed the permitted lirnits, then: (a) any such loan charge shall be reduced by the amou�at necessary to reduce the charge to the permitted limits and (b) any sums already collected fram Borrower which exceeded pennitted limits will be refunded to Borrower. Lender rnay choose to make this refund by reducing the principal owed under the Contract or by making a direct paym�nt to I3orrower. If a refund, reduces principal, the reduction will be treated as a partial prepayment under the C",ontract. Notices. Any notice to Borrower provided for in this Security Fnstrur�ent shall bE given 'by delivering rt or by mailing it by tirst class mail unless Applicable I..aw requires use of another method. The n.otice shall be directed to the Property Addres� or any ot}►er address Borrower desi�nates by zaotice to Lender. Any nc�tice to Lender shall be given by first class mail to Lender's address stated herein or any other address [;ender designates by notice to Borrower. Any notice provided far in tliis Security Instrument shall be deemed to have been given to Borrower or Lender whezi given as provided in this paragraph. Governing Law; Severability. This Security InstrucT�ent shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision or clautie of tt�is Security Instrument or Che Contract conf]icts with Applicable Law, such contlict shall not affect other provisions of this Security Instrument �r the Cox�tract wt�ich can bc given effect without the conflicting provision. To this end the provisions of this Secucity Instrument and tlie Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed ccypy of this Security Instrument.. Transfer of the Pruperty ur a�ea�eficial Interest in Sorrower. If all nr any parl of the Property pr any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is ziot a natural person) without Lender's prior written consez�.t, Lender may, at its option, require irrunediate payment in full of all sums secured by tl�is Securiky Instrumez�t. However, this optian shall not be exercised by Lender if exercise is prohibited by federal law as of the date of'this Security Ii�struznent. lf Lender exercises this option, Lender shall give Borrower notice of accel�ratian. Thc notice shall prc�vide a period of not less than tlie xxzinimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Bprrower must pay all sutns secured by this Security instrument. if Borrower fails to pay these sums prior to the expiraCion of this period, Lender may invoke any remedies permiUed by this Security InstrumenC without further notice or demand on Barrower. Borrower's Right to Reinstate. If Borrower nneets certain conditions, Borrower shall have tlie rigllt to have er►forcement of thi5 Security InstrumEnt discontinued at any tiine prior to the earlier of: (a) 5 days (or such other period as Applicable Law may specify for reix�stateanent) before sale of the Property pursuant to a��y power of sale contained in thas Security Instz or (b) e�rtry of a judg�nertt enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or a�reements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasozaably require to assure that tl�e lien of tl�is Security Instrument, Lender's rights in the Property and Borrower's obligaCion to pay the sums secured Q? 2004-2009 Compliancc Systcros, Inc. 002D-9EE7 - 2009.12.368 . � Cansumcr Rcal Estatc - Sccurity Instrumcnt �L2036 Pngc 3 of 5 www.cnmpliancesystems.com