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r �� ' 2010U9765 Borrower and Lender otherwise a�ree in writing or unless Applicable Law atherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or nat the sums are then due. If the Property is abandoned by Borrower, or if, after notice by I,ender to Borrower that the condemnor offers to make an award ar settle a claim for damages, Borrower fails to respond to Lender within the minimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property ar to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agres in writing, any application of proceeds to principal shall not extend or postpone the due date of the payments due under the Contract or change the amount of such paymcnts. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tirne for payment or modificatian of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower ar Borrawer's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse ta extend time for payrnent or otherwise modify amortizatian of the sums secured by this Security Tnstrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. Successars and Assigns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions pf scctian titled Transfer of the Property ar a Bene�icial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs Chis Secuxity Instrument but has no personal liability under the Contract ("Accomrnodation Signer"): (a) is co-signing this Security Tnstrument only ta mortgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instn�rnent; and (c) agrees that Lender and any other Barrower tnay agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation Signer's consent. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the laan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any surns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal awed under the Contract or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under thc Contract. Notices. Any natice 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 methad. The notice shall be directed ta the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other addrsss Lender designates by notice to Borrower. Any notice pravided for in this Security Instrument shall be deemed to have been given to Borrovver or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Tnstrument shall be gaverned by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable Law, such conflict shall not affect other provisians of this Security Instrurnent or the Contract which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and ths Cantract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the I'roperty or a Bene�cial Interest in Borrawer. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or Uransferred and Borrower is not a natural parson) without Lender's priar written consent, I,ender may, at its option, require immediate payment in full of all sums secured by this Security Insmiment. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrurnent. If Lender exercises this option, Lender shall give Sarrower notice oF acceleration. The natice shall provide a period of not lsss than the minnnum number of days established by Applicable Law frnm the date the notice is delivered or mailed within which Barrower must pay all sums secured by this Security Instxurnent. Tf Borrower fails ta pay these sums prior ta the expiration o£ this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Sorrower's Right to Reinstate. Tf Borrower meets certain conditions, Borrower shall have the right ta have enforcement of this 5ecurity Instrument discontinued at any time prior to the earlier of: (a) 5 days (ar such other period as Applicable Law may specify far reinstatement) before sale af the Property pursuant to any power of sale cantained in this Security Instrument; or (b) entry of a judgment enforcing this Securiry Instrument. Those conditions ara that Borrower: (a) pays Lender all surns 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 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but nat limited to, r�asonable attorneys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure fhat the lien of this Security Instrument, Lender's rights in the Property and Borrower's abligation to pay the sums secured a� 2004-2UU9 Complinnce Systems, Inc. D02D-4922 - 2D09.12368 Consumer Real Estate - Seeurity Instrument DL2016 Pugc 3 of 5 www.eomplianccsystems.com