|
20110950�
<br />of the sums se,cured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument sha11 be reduced
<br />by the amount of the Miscellaneous Proce,eds multiplied by the following fraction: (a) the total amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
<br />Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
<br />or not the sums are then due.
<br />If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br />Procceds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Bonower has a right of action in regard to Miscellaneous Proceeds.
<br />Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
<br />or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurred, reinstate
<br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
<br />judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
<br />impaiiment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in 5ection 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Bonower or any
<br />Successor in Interest of Bonower sha11 not operate to release the liability of Bonower or any Successors in Interest
<br />of Borrower. Lender shall not be required to commence proccedings against any Successor in Interest of Borrower
<br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
<br />Instrument by reason of any demand made by the original Bonower or any Successors in Interest of Borrower. Any
<br />forbearance by Lender in exercising any right or remedy including, wii�hout limitation, Lender's acceptance of
<br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
<br />due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonower covenants and agrees
<br />that Borrower's obligations and liability sha11 be joint and several. However, any Bonower who co-signs this Security
<br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
<br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
<br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other
<br />Bonower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this S�urity
<br />Instrument or the Note without the co-signer's consent.
<br />5ubject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Bonower's rights
<br />and benefits under this Security Instniment. Borrower sha11 not be released from Bonower's obligations and liability
<br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
<br />Security Instrument sha11 bind (except as provided in 5ection 20) and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's
<br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
<br />including, but not limited to, attomeys' fees, properiy inspection and valuation fees. In regard to any other fees, the
<br />absence of express authority in this Security Instrument to charge a specific fee to Bonower sha11 not be construed
<br />as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this Security
<br />Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the
<br />interest or other loan charges collectecY or to be collected in connection with the Loan exceed the permitted limits,
<br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
<br />and (b) any sums already collected from Borrower which excceded pernutted limits will be refunded to Bonower.
<br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
<br />to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
<br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of
<br />any such refund made by direct payment, to Borrower will constitute a waiver of any right of action Bonower might
<br />have arising out of such overcharge.
<br />15. Notices. All notices given by Bonower or Lender in connection with this Security Instrument must be in
<br />writing. Any notice to Bonower in connection with this Security Instnunent sha11 be deemed to have been given to
<br />Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent by other
<br />means. Notice to any one Bonower shall constitute notice to all Bonowers unless Applicable Law expressly requires
<br />otherwise. The notice address sha11 be the Property Address unless Bonower has designated a substitute notice
<br />address by notice to Lender. Bonower shall promptly notify Lender of Borrower's change of address. If Lender
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
<br />Form 3028 1/01 Page 7 of 11
<br />DocMaglc �
<br />www.docmaglc. com
<br />�
<br />Ne3028.mzd.unl
<br />
|