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,: � 2oii0000y Bonower and Lender othenvise agree in writix�g or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this 5ecurity Instrument whether or not the sums are then due. If the Property is abandoned by Borrawer, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender wittun 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 or to the sums secured by this Security Instrument, whether ar not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpona the due date of the paym.ents due under the Contract or change the arnount of such payments. Sorrower Not Released; Forbearance By Lender Not a W�iver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instcument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Barrower's succassors in interest. I..ender shall nat be required to commence proceedings against any successor in interest or refuse to extend time for payment ar otherwise modify amortizatian of the sums secured by this Security Instrunnent by reason of any demand made by the original Borrowcr 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 a,ny right or remedy. Successors and Asslgns Bound; Joint and Several Liability; Accommodadon Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of L.ender and Sorrower, subject to the provisions of �ection titled Transfer o#' tb�e Property or a Eene�cial Interest in Barror��er. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instniment but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the ternts of the Security Instrument; (b) is not personally obligated to pay the surns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accornmodations with regard to the ternls of this Security Instrument or the Contract without that Accammodation Signer's consent. Loan Charges. If the loan secured by this Security Tnstrument is subject to a law which sets maximum loan charges, and that law is finally interpreted sa that the interest or other loan charges collected ar to be collected in cannection with the loan exceed the pernnitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernutted limits and (b) any sums already collected from Borrower which exceeded pernutted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Contract or by making a d'uect payment to Borrower. If a rafund reduces principal, the reduction will be treated as a partial prepayzttent under the Contract. Notiees. Any notice 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 method. The notice shall be directed to the Properiy Address or any other address Borrower designates by notice to L,ender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Barrower. Any notice provided for in this Security Insttwnent shall bc deemed to have been given to Barrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law and the laws o£the state af Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with Applicable I.aw, such conflict shall not affect other provisions of this Security Instrument or the Contract which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Contract are declared to be severable. Borrawer's Copy. Borrower shall be given one conformed copy of this Security Insmunent. Transfer of the Property or a Sene�cial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a bene�cial interest in Borrower is sold or transferred and Borrower is nat a natural person) without I.cnder's prior written consent, IJender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by I,ender if exercise is prohibited by fedcral law as of the date of this Security Instrument. If I.ender exercises this option, Lender shall give Borrower notice o£ acceleration. The notice shall provide a period of not less than the minimuttx number of days astablished by Applicable Law fram the date the notice is delivered or mailed withixi which Borrower must pay all sunns sectu'ed by this Security Instrument. If Borrower fails to pay these sums priar to the expiration of this period, Lender may invoke any remedies pernutted by this Security Instrument without further notice or demand on Borrower. Sorrower's RIght to Reinstate. If Borrower meets certain conditions, Sorrower sha11 have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as Applicable I.aw may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays I.ender all sums which then would be due under this Security Instrument and the Contract as if no acceleration had accurred; (b) cures any default of any other covenants ar agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees to the extent pernutted by law; and (d) takes such action as Lender may reasonably require to assure that the lien af this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secuared � 2004-2010 Compliance Systems, Inc. EEOB-2E79 - 2010.03.378 � Consumer Real Estate - Security Inshumeut DL2036 PaQe 3 of 5 www.eomplianceaystems.com