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201'1096�0 <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Bonower and Lender otherwise agree in writing, the sums secured by this Security Instnunent 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 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 Bonower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds sha11 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 Bonower 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 regazd to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or procceding, 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 5ecurity Instrument. Borrower 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 forfeitute 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 awazd or claim for damages that aze attributable to the <br />impairment of Lender's interest in the Property aze hereby assigned and sha11 be paid to Lender. <br />All Miscellaneous Proc�ds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 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 ttus Security Instnunent granted by Lender to Borrower or any <br />Successor in Interest of Bonower sha11 not operate to release the liability of Borrower 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 S�urity <br />Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. 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 Bonower 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 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 Se,curity Instnunent; (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 agree to extend, modify, forbear or make any accommodations with regard to the tenns of this Security <br />Instrument or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bonower's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights <br />and benefits under this Security Instrument. Borrower sha11 not be released from Borrower's obligations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agrcements of this <br />Security Instrument shall bind (except as provided in Se,ction 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees 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 sp�ific fee to Borrower shall not be construed <br />as a prohibition on the chazging of such fee. Lender may not chatge fees that are expressly prohibited by this 5e,curity <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 collected or to be coll�ted in connection with the Loan exce,ed the permitted limits, <br />then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the pemutted 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 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). Bonower's acceptance of <br />any such refund made by direct payment to Bonower will constitute a waiver of any right of action Borrower might <br />have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in <br />writing. Any notice to Bonower in connection with this Security Instnunent shall be deemed to have been 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 Bonower shall constitute notice to a11 Borrowers unless Applicable L.aw 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 Borrower's change of address. If Lender <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS pocA+lBg/c� <br />Form 3028 1/01 Page 7 of 17 www.docmagic.com <br />�, <br />�� ; � <br />Ne3028.mzd.xml <br />