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.. . 2010�9733 paid to f3orrower. in the eve�rt of a partial taki►�g of the Prc�perty in which the fair market value of the Property immediately before the takixig is less than the amounl of the sunas secured inunedi�tely before the taking, iuiless Borrc�wer and Lender otherwise agree in writing or unless Applicable Law ot}�erwise provides, the proceeds �hall he applied to the surns secured by this Security lnstrument whetk�er or not ttie sum� are tl�eai due. If fhe Property is abandoned by Borrawer, or if, after notice by Lender to. Borrower that the condertuior oi'I'e"rs to make an award or settle a elairn for damages, Borrciwer fails to respcynd to I,ex�der within the minirnu�r� number nf days established by Applicable Law atler the date the noCice is �iven, Lender is audiorized tci colleck �tacl apply the proceeds, at its option, either Co restoratiox� or repair of the I'roperky or ta tlie sum5 secured by lhis Security Iustrument, whetl�er or not then due. Uziless Lender and Horrower otherwise agree in writing, any ap�licatic�n of proceeds to principal shall not extend or postpozae the due date of tlie payments due under the Contract ar change the amount of such paymc:nts. Bprrawer Not Released; F'orbearance Sy Lender Not a Waiver. �xtension of tl�e time fc�r pay�ment or modification of amortization af the suins secured by this Security Izistruitient granted by Lender to any successor i�i interest af Borrower sl�all not operaCe to release t}ae liability of the original I3orrower or Borrower's tiucceasor� ita i��terest. I,ender shall nat be required to commence proceedings aga.irast any successor in intere5t or refiise to extend time for payment or otherwise modify am�rtization of tlie sum5 secured by this Security IraStniment by reason of any demand m�de by th� original Borrower or Borrpwer's successors ixz interest. Any li�rbearance by Lender �in exercising any right or remedy shall nol be a waiver of or preclude the exercise of any right or remedy. Saccessors and Assi�ns Bound; Joint and SeverAl Liability; Accommodation Si�ners. The covenants and agree►ne��ts of this Securiry Instrument shall bind and bene�t the successors and assigns �f Lender and Borrower, subject to the provisions of section titl�d TrAnsfer of the Property or a Bene�cial Interest in Bori•uwer. Borrower's coven�nts and �greements sh.all be joinc and several. Any person who co-signs this Security Instruix�ent but has nc� personal liability uuder tlie Contract ("Accornmodation Signer"): (a) is CO-51�17117� Ct115 Security Instnunent only to mortgage, grant and convey that Acconttnodation Signer's intere�t in tkae Property under the terms of the Security Instrument; (b) is not personally ohligated to pay the sunis Gecured by this Security Instruinent; and (c) �grees that Lender and any other f3orrower may agree to exlend, modify, forbear �r rnake any accotximodations wiCh regard ta the ter►ns of this Security Instrument or the Contract without that Accor.timodatian Signer's consent. Loan Charges. If the Ic�an Secured by tliis Security Iustrument is subject to a law wl�icli sets maximunt. loan c:harges, and that law is finally inter�reted so that the interest or other loan charges collecled c�r to be collected in coiuiectibn with the loan exceed tt�e pezxnitted liznits, then: (a) aiiy such Ic>an cliar�e shall be reduced Uy the a�nount necessary to reduce the charge tc� tlte permitted limits and (b) any siims aTready collect�d f'rom l3orrower wltich exceeded per�nitted limits will be refunded to }3orrower. Lender may choose to make this re�una by reducit�g the principal owed under the Cantract or by making a direct payzt�ent to Borrower. lf a refund, reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notices. Any notice to Barrower provided for in this Security Izistnunent shall be giveal by delivering it or by maili��g it by first class mail unless Applicable Law requires u;;e of another method. `I'he notice s}�all be directed to tlae Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender sliall be given by first class mail to Lender's addregs stated herein <7r any other address Lender desi�nntes by notice to Borrower. Any a�otice provided for in this Security Instrutnent shall be deemed to have been given to Borrower or Lender wlien given as provided in this para�;raph. Goverr�ing Law; Severability. 'I'his Security Instrument shall be governed by federal law and lhe laws of lhe state of NeUraska. In the event Chat any �rovision or clause of this Security 1n5trum�nt or the Contract conflicts witli Applicable I,aw, suc}� conf]ict shall not. affect otkier provisioiis of this 5ecurity Instrtunenl or the Contract whic;h can be given effect without the conflicting provision. To tliis end the provisions of tliis Security Instrument and tlie Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. . Trfln�fer of the Property or a Be��eficial Interest in Borrower: If all or any part of the ProperCy or any interest in it is sold pr transferred (or i£ a beneficial interest in Borrower is sold or trafisferred and Borrower is r�ot a naturat person) without Lender's prior written consent; Lender may, at its option, rec]uire immediate paymenf in full of all sums secured by tf�is Security Instrument. Hciwever, thi5 option shall ual be exercised by Lender if exercise is prohibited by tederal law as af the date of ttiis Security Instrurnent. If Lender exercises this option, l�ender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number of days establistied by Applicable Law from the date the nc>lice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. lf l3orrower f'ails to pay these sums priar to lhe expiration of tl�is period, Lender may invoke any remedies peru�itted by this Security Tnstrument without further notice or demand on I3c�rrower. Bnrr�wer's Rigt►t to Reinstate. lf 13orrower meets certaitt conciitiqns, Borrower shall h�ve the riglit to l�ave enforcement of tlzis Security Instrument discontiiiueci al any time prior to the eariier of; (�►) 5 days (or such other period as Applicable Law may specify for reinstatement) before sale of the Property pursuant ta any power of sale conCained in this Security Instnunent; or (b) entry of a judgment enfoccix�� this S�curity Instru►nent. T11ose conditicros are that Borrower: (a) pays I..ender all sums which then wauld be due under this Security Instrument and the Contract as if no accelecation had occurred; (b) cures any default of a�ay other coven�nts or agreements; (c) pays all expenses i.z�cura�ed in enfvrcing this Security Instrument, including, b�rt not limited lo, re�sotaable attorneys' a9� 2004-2009 Complianec Systcros. Inr, OU:D-6R88 - 20f19.I2.3G8 � , � . Consumcr Rcal Estatc - Security Instrun�enl D1.203G Pagc 3 vf 5 www.cotnplin+i[tsysleuic.enm