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�0�.10649'� <br />the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and <br />L�nder otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of <br />the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Bonower. In the event of a partial taking of the Property in which the fair market value of the Property <br />immediately before the taking is less than the amount of the sums secured immediately before the taking, unless <br />Borrower 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 Property is abandoned by Borrower, 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 />prbceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. <br />Unless Lender and Bonower otherwise agree in writing, any application of proceeds to principal shall not extend <br />or postpone the due date of the payrnents 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 payrnent or <br />modification of amortization of the sums secured by this 5ecurity Instrument granted by Lender to any successor in <br />in�erest 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 5ecurity Instrument by <br />reason of any demand made by the original Borrower or Bonower's successors in interest. Any forbearance by <br />L,�nder in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />Sdccessors and Assigns Bound; Joint 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 />su�ject to the provisions of section titled Transfer of the Property or a Bene�icial Interest in Borrower. <br />Bbrrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument <br />btit has no personal liability under the Contract ("Accommodation Signer"): (a) is co-signing this Security <br />In�trument only to mortgage, grant and convey that Accommodation Signer's interest in the Properly 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 />ac�ommodations with regard to the terms of this Security Instrument or the Contract without that Accommodation <br />Signer's consent. <br />Ldan Charges. If the loan secured by this Security Instrument is subject to a law which sets ma�cimum loan <br />ch�arges, and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in <br />co'nnection with the loan exceed the pernutted limits, then: (a) any such loan charge shall be reduced by the <br />a�ount necessary to reduce the charge to the pernutted limits and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by <br />re�iucing the principal owed under the Contract or by making a direct payment to Borrower. If a refund reduces <br />pr�ncipal, the reduction will be treated as a partial prepayment under the Contract. <br />Nbtices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />m�ailing it by first class mail unless Applicable Law requires use of another method. The notice shall be directed to <br />th� Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be <br />gi�en by first class mail to Lender's address stated herein or any other address Lender designates by notice to <br />B�rrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or <br />L,�nder when given as provided in this paragraph. <br />Gbverning Law; Severability. This Security Instrument shall be governed by federal law and the laws of the state <br />ofl Nebraska. In the event that any provision or clause of this Security Instrument or the Contract conflicts with <br />Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract which <br />cah be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />C�ntract are declared to be severable. <br />Bbrrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />T I ansfer 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 transferred and Borrower is not a <br />natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in <br />fu�l of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if <br />ex'ercise is prohibited by federal law as of the date of this Security Instrument. <br />If I lLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />pe�riod of not less than the minimum number of days established by Applicable Law from the date the notice is <br />delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower <br />fa�ls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br />S�curity Instrument without €urther notice or demand on Bonower. <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 I.aw may specify for reinstatement) before sale of the Property pursuant to any power of sale <br />� 2b04-2011 Complisnce Systems, Inc. ADCD-AECO - 20IOL1.I5.461 <br />Codsumer Real Estate - Secnrity instrument DL2036 Page 3 of 5 www.compliancesystems.com <br />