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�r��Ui�� ( r 1 In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately beFore the taking is equal to or greater than the amount of the sums secured by this Security Instrument unmediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this 5ecurity Instrument sliall be reduced by the amount of the proceeds multiplied by the follawing fraction: (a) the total amount of the sums secured iirunediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless Applicable Law otherwise proqides, the proceeds shall be applied to tt�e susns secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, 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 within the minimum number of days established by Applicable Law afler the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restaration or repair of the Pro�erty or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree 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 payments. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification 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 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 Yhe original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or retnedy shall not be a waiver of or prechide the exercise of any right or remedy. Successors and Assigns Bow�d; Joint and Severai Liability; Accon�modation 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 of section titled Transfer of the Property or a Bene�cial 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 liabiliry under the Contract ("Accommodation Signer"): (a) is co-signing this Securiry Instrument only to moxtgage, grant and convey that Accommodation Signer's interest in the Property under the terms of the Security Instniment; (b) is not personally obiigated to pay the sutns secured by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to exte�d, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Contract witl�out that Accommodation Signer's consent. Loan Ci�arges. If the loan secured by this �Security Instrument is' subject to a law which s�ets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be colleeted in connection 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 lunits and (b) any sums already collected from Borrower which exceeded permitted 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 direct paytnent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepaytnent under the Contract. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail tmless Applicable Law requires use of another method. The noYice 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 herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be govenied 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 provisions of this Security Instntment 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 lnstrument. Transfer of the Property or a BeneCtcial Lrterest in Borrower. �If all or any part of the Properry or any interest in if is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all suins secured by this Security Instrument. However, this optiori shall not Ue �xercised by Lender if exercise is prohibiteci by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of tiot less than the minimuin 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 Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Securiry Instrument without further notice or demand on Borrower. �'O 2004-2010 Compliance Systems. Inc. E'E06-2F5 E- 2010.03378 � � Consumer Real Estate - Secwity Instrutnent llL2036 Page 3 of 5 � www.complizncesystems.com