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201100124 <br />Borrower and Lender otherwise agree in writita� or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the su�ns secured by t}�is Security Instrument whether or noc the sums are tlieii due. <br />lf tl�e Property is abandoned by Borrower, or if, aiter notice by Lender to Borrower that the condemnor offers to <br />nlake an award or settle a claim for daznages, 13oxrower fails to respond t� Lender wiCliin lhe minimum number c�f <br />days established by Applicable Law after Che date the notice is give�i, Lender is authc�rized to collect aiad apply t�ie <br />procaeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />l.zistrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extenel <br />or postpone the due date of tlie payments due under the Contract ar change the amou�rt qf such payment5. <br />Borrower Not Released; ForbeArance By Lender Not a Waiver. I�xte��sion of the t.ime for payment or <br />modification �f au�ortizatic�n of the sirms Gecured by tl�is Security Instr�unent granted by Lender to any successor in <br />interest of f3orrower sl�all not operate to release the liability �f the original Borrower or [3orrc�wer's tiuccexsars in <br />ix�terest. Lender shall not be required ta coixunence proceedings against any successor in interest or refuse to <br />extend time £or payment or otl�erwise modify amorti?ation of the sums secured by this Security Instrument Uy <br />reason of any dernand �nade by the original Borrower or Sorrower's successors in interest. 11ny iorbearance by <br />Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successnrs and Assigns Bound; Joint and �everal i,iability; Accommodation Signers. 'I�he covenants and <br />agz of tliis Security Instrument shall bind and benelil the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled 'I'ransfer of the Property or a Beneficial Intere.st in Sorrowe.r. <br />Borrower's covenants and agreements shall be joint and several. Any person wlio co-si�ns this Secu�•ity [nstniment <br />but has no persor�al ]iability uaader the (;oxrtract ("Accotxunodation Sigzier"): (a) is .co-sigziing this Security <br />li�strunaent only to naortgage, granl and couvey tliac Accommodation Signer's interest in lhe Praperty under the <br />terms of the Security InGtrument; (b) is not personally obligated to pay the aums secured by this Security <br />Instrument; and (c) agre�s that Lender and any other Borrower n�ay agree to extend, modify, forbear or ti�ake any <br />accommodations with regard Co the tenns of this Security Instrument ar the Cantract without that Acconnnodatioii <br />Signer's consent. <br />Lonn Chflrges. If the Inan secured by this Security Inst�ument is sub,ject to a law which scts maximum loan <br />charges, and thal law is finally interpreted so thaC the inlerest or ather loan cliarges collected or to Ue collected in <br />conxiection with the loan exceed tlae permitted lianits, tlaen: (a) any such loan char�;e shalt be reduced by the <br />ainount necessary to reduce the charge tc� the permitted limits and (b) any sums already collected 1'ram Borrower <br />which exceeded permitted la�nits will be refi�nded to Borrower, l,ender. may choc7se to make this ref'und by <br />reducing the principal owed uixder the Contracl or by making a direcC payinent to Borrower. If a ref�uld reduces <br />principal, the reduction will be treated as a partial prep2yment under the Contract. <br />Notices. 11ny notice to Borrower provided for in this Security Ixastntment shall be given by deliverin� it or by <br />mailing it by first class mail uz�less Applicable Law require5 use of a�i<7ther method. The nolice shall be directed to <br />the Property Addre�s or auy other address Borrower designates by notice to Lender. Atay notice to Lendcr shall bc <br />giveu by �rst class mail to I,ender's address stated ►ierein or any other address Lender desigiiates by notice to <br />Borrower. Any notice provided for in this Security Instrument sl�all be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing ,I,aw; Severability. '1'his Security Instnunent shall be governed by federal law and the laws of the state <br />of Nebraska. In the avent t�iat any provision or clause of this Security Instrument or the .Contract conflicts with. <br />Applicable Law, such conflict slaall not affect other provisions af this Security Instrument or the C.ontract whiqh <br />can be given effect without the contlicting provision. To this end the provisions of this Security Iiistrutnent and the <br />Contract are declared to be severable. <br />13orrower's Cvpy. Borrower sliall be given one conformed copy of this SeGUrity In�trumenC. <br />'1'ransfer of the Praperty or a Bene�cial l��terest in BorroWer. lf all or any part of tl�e Yroperty or any interesL <br />in it is sold or tratisferred (or if a beneficial i►iterest in Borrower is sold or transf'erred 'and Borrower is »ot a <br />natural person) without Lender's prior written consent, Lender may, at its optian, require irrunediate payi�ent ii1 <br />full of all sums secured by this Security lnstruinent. H�wever, this option shall zxot be exercised by Lender if <br />�xercise is prohibited by federal law as pf the date of this Security lnstrument. <br />If Lender exercises this option, Lender shall give Borrower z�otice of acceleratiorr. The notice shall provide a. <br />period of not less than the minimum number of days established by Applicable I,aw fro�n tl�e clate the notice is <br />delivered or mailed within which Borrower must pay all sums secuced by this Security Iiistzument. !f [3orrower <br />fails to pay Chese sun�s pric�r to the expiration of this period, Lender may invoke any remedies peniiitted by thi� <br />Security JnStrument without further z�otice or demand on Borrower. <br />Borrower's Ri�ht to Reinstate. if E3orrower meets certain conditions, Borrower shall have the riglit to have <br />enforcement of t1�is Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other <br />period as Applicable Law rnay specify for reinstatenienf) before sale o£ the Properky pursuant to any power of sale <br />contained it� this Security Instnun;ezit; or (b) entry of a judgment eni:orcing this Security .Instrurnent. Those <br />conditions are that Bnrrower: (a) pays Lender all sums whicl� then would be due uuder this Security la�strume�it <br />and the Contract as if no acceleration tiad occurred; Cb) cures any default of any ottaer covenants or agreeinei�ts; (c) <br />pays all expenses incurred in enf�>rcing this Security Instrument, including, but not litnited to, reasonable attorneys' <br />fees to the extent per�nitted by law; and (d) fakes such action as I.ender may reasonably reyuire to assure fhat tlie <br />lien of lhis Security Instrument, Lender's rights in the Property and Borrower's obli�atian co pay tl�e siuns secured <br />R� 2p04-2010 CompliNnce Systams. Inc EEOB-B49D - 2010.03.378 . <br />Cnnsumer Rcal Estnle - Se�u�ily Inslrument DL2036 Pflge 3 oC5 www.crnnpliancesystcros.com <br />