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r e �.; � ;. 2oii000ii Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instiument whether or not thc sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lendcr to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to L.ender 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 or to the sums secured by this Security Instrurnent, whether or nat then due. Unless Lender and Borrower otherwise agree in writing, any application of praceeds to principal shall not extend or postpone t11e due date of the payments due under the Contract or change the amount of such payrnents. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification af amortization of the sums secured by this Security Instnunent granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Sarrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Sorrower 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. Successors and Assigns Bound; Joint and Several LiabIlity; Accommodation Signers. The covenants and agreements of this Security Insh shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions af section titled Transfer of the Property or a Seneficial Interest in Borrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but has no personal liability under the Cantract ("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 terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accammodatians with regard to the terms of this Security Inshument or the Contract without that Accommodation Signer's consent. La�n Charges. Tf the loan sectu'ed by this Security Instrument is subject ta a law which sets xnaximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connectian with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lirnits and (b) any sums akeady collected from Borrower which exceeded permitted limits will be refunded to Barrower. Lender may choose to make this refund by reducing the principal owed 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 the Contract. NotIces. Any notice to $orrower provided fox 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 rnethod. The notice shall be directed to 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 herei.n or any other address Lender designates by notice to Borrower. Any notice pravided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paxagraph. Govern3ng Law; Severability. This Security Instrum�nt shall be governed by federal law and the laws of the state of Nebraska. In the event that any provision ar clause of this Security Instnunent or the Contract conflicts with Applicable Law, such conflict shall not affect other pravisions 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 the Contract are declared to be severable. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. Transfer of the Property or a Bene�cial Interest in Sorrower. If all or any part of the Property or any interest in it is sold or trans£erred (or if a beneficial interest in 8orrower is sold or transferred and Boarrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require nnmediate payment in full af all sums secured by this Security Instrwnent. However, this option shall not be exercised by Lender if exerciss is prohibited by federal law as of the date of this Security Instrument. If I.ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the tninimum number of days established by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Barrower fails to pay these sums prior to thc expiration of this period, Lender may invoke any remedies pernvtted by this Security Instrument without further notice ar demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Sarrower shall have the right to have enforcernent of this Security Tnstrument discontinued at any time prior to the earlier of: (a) S days (or such other period as Applicable Law 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 canditions 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 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 of this Security Instrument, Lender's rights in the Property and Bortower's obligation to pay the sums secured a� 2004-2009 Complisna Syatems, Inc. 002D-D940 - 2009.12368 Coneumar Real Es[ate - Security Ins[mment DL2036 Page 3 of 5 www.compliancesya[ems.com