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201101505 $orrower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums 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, Borro�ver fails to respond to Lender 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 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 sha11 not operate to release the liability of tl�e 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 InsYrument by reason of any demand made by the original Borrower 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 anyright or remedy. Successors and Assigns Bound; Joint and Several Liability; Accommodation 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 Rroperty or a Bene�cial Interest in Borrower. Bora covenants and agreemants shall be joint and several. Any person who co-signs this Security Instrument 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 fhe terms of the Securiry Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation Signer's consent. Loau Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan cha'rge shall be reduced by �he amount necessary to reduce the charge to the permitted limits 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 Borro�ver. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Notiees. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by rriailing it by first class mail unless Applicable Law requires use of another method. 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 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 governed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instrument or tlie Contracc conflicts with Applicable Law, 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. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument Transfer of the Property or a Beneficial Interest in Borrower. If a11 or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in $orrower is sold or ti and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its 'option, require immediate payment in full of atl sums secared by this Security Ins�rument. However, this option shall aot be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrowex notice of acceleration, The notice shall provide a period of not less than the minimum number of days established by Applicable Law from the date tlie 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 Security Tnstrument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tirne prior to the earlier o£ (a) 5 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. TY�ose conditions 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 permitted by law; and (d) takes such action as Lender may reasonably require Yo assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured OO 2004 2010 Compliance Sys[ems, Inc.�EEOB-OSSE - 20I0.03�378 Consumer Real Es[ate - Security InstrumenC DL2036 � Page 3 of 5 ' � ' � � ' � www.compliancesystems.com