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b , . .:. i �, p _ 2oiioa2s3 Borrower and Lender olherwise a�ree in writing or unless Applicat�le Law otherwise provides, t�ie proceeds shall be applied lo the sums secured by this Security Instrument wi�ett�er or zzot tlze sucxis are then due. If the Property is abandoned by Borrower, or it', after notice by Lender to Borrower that the conde��azior offers to make an aw�rd or settle a claiza� for damages, Borrower fails to respond to Lcnder within the mini►num number of days esCablished by Applicahle Law after the date the z�otice is given, Lender is authorized to collect and apply the proceeds, at its oplion, either la restoration or repair of the 1'roperty or to the sums secured by this Security Instru►nent, whether or not tt�ez� due. Unless Lender and I3orrower otherwise agree in wz�iting, any application of proceeds ta principal sh�;ll ►iot extend or postpone the due date of t}ie payments due under tl�e ContracC or cliange the amount of such p ayments. Bnrrower Nnt Iteleascd; Farbearance Sy I..,ea�de�• Not a Waiver. ExteiYSion of thc time for payment or modi�catio.i� of amortization of the sums secured by this 5ecuriCy Instrument �ranted by I,ender to any successor izi interest c�f' Borrower shall not qperate to release the liability of the original Borrower or Bpn succctitiors in interest. Lender shall nol be required to cc7nnnence proceedings against any successor in interest or refuse to extend time for payme�it or otherwise modify amortizatiott c�f the sums secured by this Security Instrument liy reason of any deznand naade by the original Borrower or Borrower's succes�ors in interetit. Any focbearaz�ce by Leuder in exercising any riglYt or remedy shall not be a w�iver of or preclude t�ie exercise of any right or remedy. Successors and Assigns Sound; Joint and Several Li�rhility; Accnmmudatinn Si�;ners. "['he covez�ants a�ad agreements of tliis Securily Instrument shall bind and bene�t the successors and assigns of Lender and Borrower, subject to the provisions of section titled 'I'ransfer of the Property or a Bene�cial Interest in I3orrpwer. I3orrower's covenanCs and agreements shall be joint and several. Any person who co-signs this Security lnstrument Uut has no person��l li�jbility under the C onlract ("Accomn�odation 5igner"): (a) is co this Security Instrument only to inortgage, �rant and convey that Accorruno�lation Signer's interest in tlie Properly under the ter�ns of the Security lnstrument; (b) is not personally abligated Co pay the sums sccured by thiti Sccurity Instrument; and (c) agrces that Lender and any other Borrowet' may agree to extend, n�odify, forbear or tnake any accommodations with regard to the ternls of thie Security Instrumenl or the ContracC without that Acec�mmc�dation Si�ner's consent. Loan CI►arges. If tlie loati secured by tliis Security Inscrurnent is subject to a law which sets maximum loan charges, and that law is linally inlerpreted so that the interest or othcr loan charges collectcd c�r to be collected in connection with the loaz� exceed the penx�itted li�nits, tlien: (a) any such loaz� ckiarge s11a11 be reduced 6y the amount necessary to reduce the charge to thG permitted lin�its and (b) any sums already collected from F3orrower which exceeded pern�itted limits will be refunded to Borrower. [,.ender may choose to make this ��efi�zad by reducing the principal owed under the Cc>ntract or by making a direct payment ta Borrower. If �� refund reduces principal, the reduction will be treated as a partial prep�ynnent wider the Cozitract. Notices. Any notice to Borrower provided for in this Security Inslrument shall be given by delivering it or by mailii�g it by first class mail unless Applicable Law requires use of another metliod. The i�otice sl�all be directed to the }'roperty Address or any other address I3orrower desi�nates by notice to Lender..11ny natice to Lender shall be �ivcn by tirst class mail to Lender's address stated lierein or any other address Lender clesignates by notice to i3orrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender wlien given as provided in this paragraph. Governing Law; Severability. This Security Instnxment shall be goyerned by federal law and the lawa c�f'the state of Nebraska. in the event that any prc>vision or clause of this Security Instrumei�t or the Contract conflicts with Applicable Law, such cc�nflict shall not affect otlier provisious of this Security ixastn�zT�.exat or the Contract which can be given effect without t�ie conflictin� provision. 'I'o tk�:is eaad the provisions oF this 5ecurity Instrument �nd tl�e CotitracC are declared to be severable. Sorrower's Copy. Borrower shall be given oa�e confonned copy of this Securiry Instrument. Transfer of the Property ar a 8ene�cial Interest in Borrpwer. If all or any part of the Property or any intere5t in it is sold or trans[erred (or if a bene�cial interest in Borrower is sold or transferred and Borrower i� not a natural pecsoa�) without Lcnde► pricir written couseut, Leuder i1�ay, at its option, require inunediate paymexzt iz� full ol all sums secured by this Security Instrument. IIowever, this option shall not be exercised Uy Leii�lei if exercise is prohibited by federal law as of the date of this Security Instru►nenC. lf Lender exercises this option, Leuder shall give .E3orrower x�otice of acceleration. The �aotice shall pr<�vide a period of not lc�ss than the minimuiti number c�f days establislred by Applicable l,aw from the date the iiotice is delivered or mailed withi�� which Borrower must pay all sums secured by this Securicy Instnunent. If liorrower fails to pay these sums prior ta the expiration of this period, I,endcr may invoke any reinedies purn►itted by tliie Security Instrument without further notice or demand on Borrower. Borrvwer's Right Co Rei��state. lf l-3orrower meets certain conditions, Borrower shall h�ve fl�e right tc> I►ave enforceinei�t of this Security Instrunient discontinuc�d at any time prior to the earlier o£: (a) 5 days (or such other peric�d as Applicable Law may 5pecify for reinst�ternent) before sale af the Proper•ty pursuant to any power of s11e contaixled iz� tl�is Security Instrument; or (b) eiitry of a judgmex�t enforcing tliis Securiky lzastniment. TI►ose conditions are thctt B�>rrower: (a) pays Lender all sums whicli tlaen wpuld Ue due undec tl�is Security Iristrumerit and the Contract as if no acceleration h�d accurred; (b) cures any defaull af any other covenants or agreeiiaez�ts; (c) pays all expenses incurred in enforcing this Se�urity InsLrument, includia�g, but not limited to, reasonable attonleys' fees ta the extetat permitted by law; znd (d) takes such action as I.ender may reaso�zably rec�uire to assure tt�at the lien of this Security Instrument, T�e��der's rights in tl�e Property and Borrower's obligalion to pay tl�e sumti secured G°i 2004-2010 Complitmct tiyatnms. Inc EEOB-8467 - 2UIU.U1378 � Consumcr Real Rslnte - tiecurity �nstrumcr�l PI2p36 Page 3 0l'S ��vw.complianccsystcros.com