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i'�. . � 20i. io� � �b <br />p . �� K ,.' x . .. <br />Bonower and Lender otherwise agree in writing or unless Applicable Law otherwise provides, the proceeds shall <br />be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Prpperiy is abandoned by Bonower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within the minimum number of <br />days established by Applicable Law after the date the notice is given, Lender is authorized to collect and apply the <br />proceeds, at its option, either to restoration or rep�ir of the Properly or to the sunas secured by this 5ecurity <br />Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payments due under the Contract or change the amount of such payments. <br />Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment ox <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to <br />extend time for payment or:otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by <br />Lender in exercising any rig}it or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Successors and Assigns Bound; Jo�int and Several Liability; Accommodation Signers. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, <br />subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. <br />Borrower's covenants and agi�eements shall be jaint and several. Any person who co-signs this Security Instrument <br />but has no personal liability under the Contract ("Accommodarion Signer"): (a) is co-signing this Security <br />Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the <br />terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any <br />accommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation <br />Signer's consent. <br />Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan cha�ge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limits and (b) any sums akeady collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />reducing the principal owed under the Contract or by making a direct payrnent to Borrower. If a refund reduces <br />principal, the reduction will be treated as a partial prepayment under the Contract. <br />NoHces. Any notice to Borrower provided for in this Security Inst�ument shall be given by delivering it or by <br />mailing it by first class mail t�nless Applicable La.w requires use of another method. The notice shall be directed to <br />the Properly Address or any other address Bortower designates by notice to Lender. Any notice to Lender shall be <br />given by first class mail to I.ender's address stated herein or any other address Lender designates by notice to <br />Borrower. Any notice provided for in this Security Instfuument shall be deemed to have been given to Borrower or <br />Lender when given as provided in this paragraph. <br />Governing Law; Severability. This Security Instrument shall be govemed by federal law and the laws of the state <br />of Nebraska. In the event that any provision or clause of this Security Inshument or the Contract conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instnunent or the Contract which <br />can be given effect without the conflicting provision. To ttus end the provisions of this Security Instrument and the <br />Contract are declared to be severable. <br />Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or iransferred and Borrower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in <br />full of all suxns secured by tlus Security Instrument. However, this option shall not be exercised by Lender if <br />exercise is prohibited by federal law as of the �ate of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than the minimum number of days established by Applicable I.aw from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instniment. If Borrower <br />fails to pay tbese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />Security Instrument without further notice or demand on Borrower. <br />Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other <br />period as Applicable Law may specify for reinstatement) before sale of the Properly pursuant to any power of sale <br />contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those <br />conditions are that �orrower: (a) pays Lender all sums which then would be due under this Security Instrument <br />and the Contract as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) <br />pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' <br />fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the <br />lien of this Security Instrument, Lender's riglats in the Property and Borrower's obligarion to pay the sums secured <br />� 2004-Z010 Complience Systems, Inc. EEOB-OF60 - 2010.03.378 <br />Consumer Real Estate - Security Instrument DL2036 Page 3 of 5 ww�v.compliances}stems.com <br />