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• .' 201108894 Property in which the fair market value of the Properly immediately before the taking is equal to or greater than the amount of the sums secured by this Security Insirument immediately before the taking, unless Bonower and Lender otherwise agee 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 secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless 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 Instiument whether or not the sums are then due. If the Properiy 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 damages, Bonower fails to respond to Lender within the minimum number of days established by Applicable I,aw after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its oprion, 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 ganted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Bonower 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 a.mortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower 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 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 Bonower, subject to the provisions of section titled Transfer of the Property or a Bene�cial Interest in Borrower. Borrower's covenants and agieements shall be joint and several. Any person who co-signs this Security Instrument but has no personal liability 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 this Security Instsument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regazd 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 fmally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the pernutted limits, then: (a) any such loan chacge shall be reduced by the amount necessary to reduce the charge to the pernutted limits and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Bortower. 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 prepayrnent 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 Bonower or Lender when given as provided in this paragraph. Governing Law; Severability. This Security Instrument shall be govemed by federal law and the laws of the state of Nebraska. In the event that any provision or clause of this Security Instxument or the Contract conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Contract wluch 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 conformed copy of this Security Instrument. Transfer of the Property or a Beneficial 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 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 this 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 established 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 Bortower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiuther notice or demand on Borrower. Borrower's Right to Reinstate. If Borrower 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 � Z004-Z011 Complimce Systems, Inc. ADCD-FD99 - 2010L1.15.46t Coasumer Real Estate - Security Instrumeat DL2036 Page 3 of 5 www.complimcesystems.com