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201102777 <br />immediately before the taking is less tha� <br />Borrower and Lender otherwise agree in <br />be applied to the sums secured by this Sec <br />the amaunt of the , sums secur d immediately before the taking, unless <br />mting or unless Applicable L otherwise provides, the proceeds shall <br />�ritv Instrument whether or not the sums are then due. <br />If the Properiy is abandoned by Borrowe , or if, after notice by Lender t Borrower that the condemnor offers to <br />make an award or settle a claim for dam es, Borrower fails to respond o Lender within the minimum number of <br />days established by Applicable Law after the date the notice is given, Le der is authorized to collect and apply the <br />proceeds, at its option, either to restora 'on or repair of the Properly r to the sums secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise � <br />or postpone the due date of the payrnents <br />Borrower Not Released; Forbearanc <br />modification of amortization of the sums <br />interest of Borrower shall not operate to <br />interest. Lender shall not be required t� <br />extend time for payment or otherwise n <br />reason of any demand made by the orig <br />Lender in exercising any right or remedy <br />Successors and Assigns Bound; Joint <br />agreements of this Security Instnunent s] <br />subject to the provisions of section titl <br />Borrower's covenants and agreements sh <br />but has no personal liability under thE <br />Instrument only to mortgage, grant and <br />terms of the Security Instrument; (b) <br />Instrument; and (c) agrees that Lender as <br />accommodations with regard to the term; <br />Signer's consent. <br />Loan Charges. If the loan secured by <br />charges, and that law is fmally interprete <br />connection with the loan exceed the pe <br />amount necessary to reduce the charge t� <br />which exceeded pernutted limits will t <br />reducing the principal owed under the C <br />principal, the reduction will be treated as <br />; in writing, any application of proceeds to principal shall not extend <br />under the Contract or chan the amount of such payments. <br />By Lender Not a Waiver. <br />;cured by this Security Instruxr <br />;lease the liability of the origi <br />commence proceedings agair <br />�dify amortization of the sum <br />ial Borrower or Borrower's si <br />iall not be a waiver of or prec] <br />Extension of the time for payrnent or <br />;nt granted by Lender to any successor in <br />al Bonower or Borrower's successors in <br />�t any successor in interest or refuse to <br />secured by this Security Instrument by <br />�cessors in interest. Any forbearance by <br />ide the exercise of any right or remedy. <br />�nd Several Liability; Acco. <br />�11 bind and benefit the succes <br />d Transfer of the Property <br />1 be joint and several. Any pe� <br />Contract ("Accommodation <br />onvey that Accommodation 5 <br />not personally obligated to <br />t any other Borrower may agr� <br />of this Security Instrument or <br />his Security Instrument is su <br />so that the interest or other 1� <br />mitted limits, then: (a) any s <br />the pernutted limits and (b) � <br />refunded to Borrower. Len <br />ntract or by making a direct <br />partial prepayment under the <br />nodation 5igners. The covenants and <br />rs and assigns of Lender and Borrower, <br />r a Beneficial Interest in Borrower. <br />n who co-signs this Security Instrument <br />;ner"): (a) is co-signing this Security <br />ner's interest in the Property under the <br />�y the sums secured by this Security <br />to extend, modify, forbear or make any <br />; Contract without that Accommodation <br />�t to a law which sets maximum loan <br />charges collected or to be collected in <br />i loan charge shall be reduced by the <br />sums already collected from Borrower <br />may choose to make this refund by <br />rnent to Borrower. If a refund reduces <br />Notices. Any notice to Borrower provid d for in this Security Instnun nt shall be given by delivering it or by <br />mailing it by first class mail unless Appli able Law requires use of anoth r method. The notice shall be d'uected to <br />the Property Address or any other addres Borrower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to Lender's ad ress stated herein or any othe address Lender designates by notice to <br />Borrower. Any notice provided for in thi Security Instrument shall be d emed to have been given to Borrower or <br />Lender when given as provided in this p agraph. <br />Governing Law; 5everability. This Sec rity Instrument shall be govern d by federal law and the laws of the state <br />of Nebraska. In the event that any provi ion or clause of this Security nstrument or the Contract conflicts with <br />Applicable Law, such conflict shall not ffect other provisions of this S curity Instrument or the Contract which <br />can be given effect without the conflictin provision. To this end the pro isions of this Security Instrument and the <br />Contract are declared to be severable. <br />Borrower's Copy. Bonower shall be giv�n one conformed copy of this �ecurity Instrutnent. <br />Transfer of the Property or a Bene�ci 1 Interest in Borrower. If all r any part of the Property or any interest <br />in it is sold or transferred (or if a bene icial interest in Borrower is s ld or transferred and Borrower is not a <br />natural person) without Lender's prior 'tten consent, Lender may, at ts option, require immediate payment in <br />full of all sums secured by this Securi Instruxnent. However, this op ion shall not be exercised by Lender if <br />exercise is prohibited by federal law as o the date of this Security Ins ent. <br />If I.ender exercises this option, Lender shall give Borrower notice of cceleration. The notice shall provide a <br />period of not less than the minimum n ber of days established by A licable Law from the date the notice is <br />delivered or mailed within which Borro er must pay all sums secured y this Security Instrument. If Borrower <br />fails to pay these sums prior to the exp' ation of this period, Lender m y invoke any remedies pernutted by this <br />Security Instrument without further notic or demand on Bonower: <br />Borrower's Right to Reinstate. If Bo� <br />enforcement of this Security Instrument � <br />period as Applicable Law may specify fo <br />contained in this Security Instrument � <br />conditions are that Borrower: (a) pays I <br />and the Contract as if no acceleration had <br />pays all expenses incurred in enforcing tt <br />fees to the extent permitted by law; and � <br />� 2004-2010 Compliance Systems, Inc. EEOB-EE16 - 2010.03378 <br />Consumer Real Estate - Security Insuvment DL;2036 <br />ower meets certain condition: <br />iscontinued at any time prior t <br />reinstatement) before sale of t <br />r(b) entry of a judgment er. <br />nder all sums which then wot <br />occurred; (b) cures any default <br />'s Security Instrument, includin <br />d) takes such action as Lender <br />Page 3 of 5 <br />Borrower shall have the right to have <br />the earlier of: (a) 5 days (or such other <br />; Properly pursuant to any power of sale <br />�rcing this Security Instrument. Those <br />l be due under this Security Instrument <br />f any other covenants or agreements; (c) <br />but not limited to, reasonable attorneys' <br />iay reasonably require to assure that the <br />www.compliancesys[ems.com <br />