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.. p ,�'. ,, : � �� ', ' �� . . � 2Q1103449 Bonower 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 i� after notice by Lender to Bonower 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 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 Bonower shall not operate to release the liability of the original Borrower or Bonower's successors in interes� Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otheiwise modify amorkization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower 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 any right or remedy. Successors and Ass�igns Bound; Joint and Several Liability; Accommodation Signers. The covenants and agreements of this Security Instrument sha11 bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section tifled Transfer of the Property or a Beneficial 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 liability under the Contcact ("Accommodation Signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey that Accommodation Signer's interest in the Property under the ternis of the Security Instrwnent; (b) is not personally obligated to pay the sums secured by t1�is Security Instrument; and (c) agrees that Lender and any other Bonower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Contract without tr►at 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 ao 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 Bonower 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 malang a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a parkial prepayment under the Contrac� 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 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 govemed by federallaw and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instcvment or the Contract 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 aze declared to be severable. Borrower's Copy. Boaower shall be given one conformed copy of this Security Instrument Transfer of the Property or a Beneflcial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nahual person) without Lender's prior written consent, Lender may, at its option, require immedi�te payment in full of all sums secured by this Security Insixvmen� However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exeicises this option, Lender sball give Borrower 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 the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrumen� If Bonower fails to pay these sums prior to the expiration of this period, Lender ma.y invoke aay remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower's Right to Reinstate. If Bonower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or 'such other period as Applicable Iaw may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Insttument; or (b) entry of a judgment enforcing this Security InsL�v,men� Those conditions are that Bonower: (a) pays Lender all sums which then would be due under this 5ecurity 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 attomeys' fees to the extent permitted by law; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured � 2004-2010 Compliaace Systems, Inc. EHOB-3158 - 2010.03378 Conaomer Reat Hsteta - Securlty Iffitmnent DL2036 Page 3 of S �•�omP��