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P., �'� ;. „ a a. �i � y w _' 201103344 Borrower and Lender otharwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall be applied to the sums aecured by this Security Instrument whether or not the swns are then due. If tbe Property is abatidoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Bonower fails to respond to I.ender withi.0 the minnnum 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 �,ender 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 othervvise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Bonower'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 any right 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 Lend�r and Borrower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Bonower's covenants and agreements 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 Inshument only to mortgage, grant and convey that Accominodation Signer's interest in the Property under the terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity 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. Loan 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 charge shall be reduced by the amount necessary to reduce the charge to the permitted limits and (b) any sums already collected from Borrower which exceeded permitted liznits 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 payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. Nol3ces. Any notice to Borrower provided for in this Security Inshument shall be givel� by delivering it or by mailing 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 Instrurnent shall be deemed to havs been given to Bonower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be governed by federal law attd 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 Insttuu�ent or the Contract which can be given effect without the conflicting provision. To this end the provisions of tkus Security Instrument and the Contract are declazed to be severable. Borrower's Copy. $orrower shall be given one conformed copy of this Security Instrumen� Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the F'roperty or any interest in it is sold or transferred (or if a beneficial interest in Bonower is sold or transferred aud Bonower is not a natural person) without Lznder's prior written consent, I.ender may, at its optiotl, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be ex�rcised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this optiou, Lender shall give Borrower notice of acceleratiou. The notice shall provide a period of not less than ihe minnnum number of days established by Applicable Law fram the date the notice is delivered or mailed witbin which Borrower must pay all sums secured by this 5ecurity Iustrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Bonower. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrowsr shall have tbe right to have enforcement of this 5ecurity Instrument discontinued at any time prior to the earller of: (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 Inst�umant. Those conditions are that Borrower: (a) pays Lender all sums which then would be due undar tkus Seeurity Instrument and the Contraat as if no accaleration 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 attomeys' fees to the extent permitted by law; and (d) takes such action as I,ender may reasonably raquire to assure that the lien of this Security Instrument, Lender's rights in the Property and Bonower's obligation to pay the surns secured O 2004-20I0 Compliance Syatemv, Iac. EEOB-1 BF8 - 2010.03378 Coasumer Real Estate - Secimty Inshvment DL2036 Page 3 of 5 www.compliencesystema.com