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t � ? ;., � 98— sc�3�oo <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give <br /> Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 10. Condemnation. The proceeds of any award or claun for damages, direct or consequential, in connecdon with any <br /> condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and <br /> shall be paid to Lender. : <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, <br /> whether or not then due,with any excess paid to Bonower. In the event of a partial taking of the Property in which the fair <br /> market value of the Property immediately before the taking is equal to or geater than the amount of the sums secured by this <br /> Security Instrument immediately before the taking,unless Bonower and Lender otherwise agree in writing,the sums secured <br /> by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total <br /> amount of the sums secured immediately before the taking, divided by (b) the fair mazket value of the Property immediately <br /> before the taking. Any balance shall be paid to Bonower. In the event of a partial taking of the Property in which the fair <br /> market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the <br /> taking,unless Bonower 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 Bonower, or if, after notice by Lender to Bonower that the condemnor offers to make an <br /> award or settle a claim for damages, Bonower fails to respond to Lender within 30 days after the date the notice is given, <br /> Lender is authorized to collect and apply the proceeds, at its option,either to restoration or repair of the Property or to the <br /> sums secured by this Security Instrument,whether or not then due. <br /> Unless Lender and Bonower otherwise agee in writing, any application of proceeds to principal shall not extend or postpone <br /> the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11. Borrower Not Relea.sed; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification <br /> of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Bonower <br /> shall not operate to release the liability of the original Borrower or Bonower's successors in interest. Lender shall not be <br /> required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise m_�dify <br /> amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or <br /> Bonower's successors in interest Any forbearance by Lender in exercising any right or remedy sliall not be a waiver of or <br /> preclude the exercise of any right or remedy. : <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Bonower who co-signs this Security <br /> Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that : <br /> Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums <br /> secured by this Security Instrument;and(c) agrees that Lender and any other Borrower may agree w extend,modify,forbear <br /> or make any accommodations with regard to the terms of this Security Instrument or the Note without that Bonower's <br /> consent <br /> 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and <br /> that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan <br /> exceed the permitted limits,then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to <br /> the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted limits will be refunded to <br /> Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct <br /> payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any <br /> prepayment charge under the Note. <br /> 14. Notices.Any notice to Bonower provided for in this Security Instrument shall be given by delivering it or by mailing it <br /> by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address <br /> or any other address Bonower designates by notice to Lender. Any notice to Lender shall be given by first class mail to <br /> Lender's address stated herein or any other address Lender designates by nodce to Borrower. Any notice provided for in this <br /> Security Instrument shall be deemed to have been given to Bonower or Lender when given as provided in this paragraph. <br /> 15. Governing Law; Severability.This Security Instrument shall be governed by federal law and the law of the jurisdiction <br /> in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br /> without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be <br /> severable. <br /> 16. Borrower's Copy.Bonower shall be given one conformed copy of the Note and of this Security Instrumen� <br /> 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it <br /> is sold or transferred(or if a beneficial interest in Bonower is sold or transferred and Bonower is not a natural person)without <br /> Sfngls Family—FNMA/FHLIIAC UNIFORM INSTRUMENT FORM 3028 09/90(Page 4 of 6 Pagss) <br /> NEBRASKA EC899L Rev.09/09/91 <br />