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�a � , • �� r �a � ; r ", � . � , ,. m 20110356� Bonower and Lender otherwise agree in writing or unless Applicable Law othervvise 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 Bonower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for daxnages, Borrawer 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 an� 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 Bonower 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; Fo�bearance 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 shall not operate to release the liability of the original Borrower or Borrower'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 othervvise modify amortization of the sums secured by this Security Instrument by reason of any demaad made by the original Bonower or Borrower's successors in interes� 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 Lender and Borrower, subject to the provisions of section titled Transfer of the Property or a Beneficial Interest in Borrower. Bonower's covenaats and agreements sha11 be joint and several. Any person who co-signs this 5ecurity Instrument but has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security Instivment only to mortgage, grant and convey that Accommodation 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 Security Instrument; and (c) agrees that Lender and any other Bonower may agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrwnent or the Contract without that Accommodation Signer's consen� Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan cbarges, 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 wluch exceeded permitted limits will be refunded to Bonower. Lender may choose to make this refund by reducing the principal owed under the Contract or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment under the Contract. 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 ar any other address Lender designates by notice to Bonower. Any notice provided for in this 3ecurity Instrument shall be deemed to have been given to Bonower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument sha11 be govemed by federal law and the laws of the state of Nebraska. In the avent 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 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. Bonower shall be given one conformed copy of this Security Instrument Transfer of the Property or a Beneficiai Interest in Borrower. If all or any part of the Property or any interest in it is sold or transfened (or if a beneficial interest in Borrower is sold or iransfened and Bonower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prolu'bited by federallaw as of the date of this Security Instivmen� If Leniier exercises this option, Lender shall give Bonower 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 wluch Bonower must pay all sums secured by this Security Instrument. If Boaower fails to pay these sums priar to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notioe or demand on Bonower. Borrower's Itight to Reinstate. If Bonower meets certain conditions, Borrower sha11 have the right to have enforcement of this Security Insirument discontinued at any time prior to the earlier of: (a) 5 days (or such other perio�i 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) eniry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all su� wluch then would be due under this Security Instrument and the Contract ae 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 to assure that the lien of this Security Insirument, Lender's rights in the Property and Borrower's obligation to pay the sums secured � 2004-2010 Complienw Syatems, Inc. EHOB-C482 - 2010.03.378 Conaumer Real Estate - Securily IashumeotDL2036 Paga 3 of 5 www.complimcesyatems.com