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20�107157 In the event of a total 'taking of the Property, the proceeds shail be applied to the sums secured by this Security Insriument, whether or not then due, with any escess paid to Borrower. In the event of a partial taking of the Properly in which the fair market value of the Property immediateiy before the taking is equal to or greater than the amount of the sums secured by this Security Instrun�ent immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secnred immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid Co Borrower. In the evenY of a partial taking of the Property in which the fair market value of Yhe Property imrnediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in wziting or unless Applicable Law otherwise provides, Yhe 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 it', after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within the uiinimum number of days established by Applicable Law after the date the notice is given, Lender is authorized to coilect 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 1�Tot Iteleased; &'orbea�amse By �.eeader 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 che 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 otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Bon 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. Suceessors and Assign� �oa�nd; .Toi�t au�d Several L.aability; Aceorc�modaYion Signers. The covenants and agreements of this Security Instniment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of section titled 'Transfer af the Pr�perty or a Beneffici�Y Interes� in �orrower. Borrower's covenants and agreements shall be joint and several. Any person who co-signs this Security Instrument but has no personal IiabiliYy under the Contract ("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 terms of the Security Instrument; (b) is not personally obligated to pay the sums secured by 4his Security 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 lirnits and (b) any sums already collected from Borrower 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 making a direct payment to Borrower. 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 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 i.a�v; Severabality. This Security Instntment shall be governed by federal law and 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 tl�is 5ecurity lnstrument 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. Borrower shall be given one conforrned copy of this Security Instrument. Transfer of the Ppoperty oa- a Benefficial Interest in Borrawer. If all or any part of the Property ar any interest in it is sold or transfened (or if a beneficial interest in Borrower is sold or transferred and Borrower 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 prohibited by federal law as of the date of Yhis Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than the minimum number oF days esYablished by Applicable Law from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 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 fur�her notice or demand on Borrower. �? 2004-20I I Compliance Syste�ns, (nc. ADCD-D347 - 2010LI.15.46I Consumer Real Estate - Security Instnimen[ DL2036 Fage 3 oF5 w��tiv.compliencesys�ems.com