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<br />of the sums secured by this Security Instrument itnmediately before the partial taking, destruction, or loss in value,
<br />unless Bonower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
<br />by the amount of the Miscellaneous Proceeds 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 Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Properly 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 />agre.e in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
<br />or not the sums aze then due.
<br />If the Property is abandoned by Bonower, or if, after notice by Lender to Bonower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower 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 />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. "Opposing Pariy" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Bonower has a right of action in regazd to Miscellaneous Proceeds.
<br />Borrower 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 Properly or
<br />rights under this Security Instrument. The proceeds of any award or claim for damages that aze amibutable to the
<br />impairment 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 S�tion 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 shall not operate to release the liability of Borrower or any 5uccessors in Interest
<br />of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower
<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, without 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, sha11 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. Borrower covenants and agrees
<br />that Bonower's obligations and liability shall 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 />Borrower can agrce to extend, modify, forbear or make any accommodations with regazd to the terms of this Security
<br />Instrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Section 18, any 5uccessor in Interest of Bonower who assumes Borrower's
<br />obligations under this 5ecurity Instrument in writing, and is approved by Lender, sha11 obtain all of Bonower's rights
<br />and benefits under this 5ecurity Instnunent. Borrower sha11 not be released from Borrower's obligations and liability
<br />under this S�urity 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 fces for services performed in connection with Bonower'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, attorneys' fees, property 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 Borrower sha11 not be construed
<br />as a prohibition on the chazging of such fee. Lender may not chazge fees that are expressly prohibited by this S�urity
<br />[nstrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
<br />interest or other loan chazges collected or to be colle,cted in connection with the Loan exceed the permitted limits,
<br />then: (a) any such loan chazge 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 exceeded permitted limits will be refunded to Borrower.
<br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
<br />to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
<br />prepayment charge (whether or not a prepayment chazge 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 Borrower might
<br />have arising out of such overcharge.
<br />15. NoHc�. All notices given by Borrower or Lender in connection with this 5ecurity Insmiment must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have b�n given to
<br />Bonower 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 Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
<br />otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
<br />address by notice to Lender. Borrower shall promptly notify Lender of Bonower's change of address. If Lender
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<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS pocMag/c�
<br />Form 3028 1/01 Page 7 of 11 www.docmagic.com
<br />Ne3028.mzd.xml
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