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� 201207624 noc zD #: �nnz43�6o��ooaoiz in the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of� lhe P�•operty immediately before Ihe partia]taking,destruclion,or loss in value is]ess than thc amount of the sums ser.ured immediately before the partial taking,destruction,or inss in value,unless Borrower and Lender ptherwise agree in writing,the Miscelianeous Froceeds shall be applied to the sums secured by lhis Security Instrument whether or not the sums are then due. If lhe Properly is abandoned by Borrower,or if,after notice by Lender to Borrn��er that the Qpposing Party (as defined in the nexl sen[ence)offecs lo make an a�vard to setlle a dairn Fot d'amages,Borrower fails to respond to Lender wi�hin 3U days after lhe d-ate llie nulicr. is gi�en, Leitder is autl�orized to collect and apply the R9iscella3�eous Proceeds either ta restoration or repair of the Prnperty nr ro the sums secured hy Ihis Security Instrument, whether or no# then due. "Qppasing Party" means the third party tha! owes Borrower Misceltaneoas Proceeds or the party against whom Borrower has a right of action in regard to h4iscellaE3enus Prnceeds. Borrower shall be in default if'any action or proceeding,whether civil or crirninal.is txxgun thst,ui Lcnder's judgmenl,cnuld resuH in foi•feiture of die Property or other material impairment of Lender s interesl in lhe Property nr righfs under this SecuritV Instrumer�t.BnrroH=er can cure such a defaalt and,if acceleration has occurred.reinstate as prprided in Section 19,by causing the action or procceding to be dismissed with a ru3ing that, in Lender's judgment, precludes £orfeiture of the Property or other matcri�il impairmcnt of LPIICIP.1'�s iutee�est in the Property or riglrts under this Security Instrument The proceeds of any award or claim for damages that are atiributable to the impairroent of Lender's interest in the Property are hereby assigned and shall 6c paid to Lcndcr. Aq Miscellaneous Proceeds that are not applied to restoraUon or repair of'the Property shall be applied in che order provided for in 5ection 2. 12. Borrower Not Releused; Forbearance By Lender Not a Waiver.Ex[ension af the time far payment or modification of amortization of lhe sums secured by lhis Security Instrument granted by Lender to l�urrowcr ur any Succcssur iu li��eres�of Buirower sl�all iwl uperale lo release the IiabilitJ=of Borro�ver or any Successors in Interest of Barroa�ez.Lender shall not be required to commence proceedings against any 5uccessor in I�iterest of Bormwer or ta refuse to ex[end time for payment or otherwise modi�y amortization of the sums secured by this 5ecurity Instrument by reason of any demand ma�e by�the origina]Borrower or any 5uccessors in Interesl nf Rorr�wer, nny fnri�earance hy I.ender in exercising an}� ri�ht or remedy induding,�vithout limltation,Lender's accep[ance of payments froro third persons,entities or Successors in Interest of Borroiver or in amaunts less than the amount then due,shall not bc a waivcr u£or pr�•clude thr exercise of any righ�or remedy. 13. Joint and Several Liability;Co-segners;Suceessors and Assigns Bound.Barrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howe�er, any$orrower who co-signs this Sectuity Instn�ment but does nat execute the No[e (a "cn signer"): {a} is cn-signing this 5ecurity Instrument oRly to marlgage,grant and convey the co signers interest in the Property undcr the terms of this Security Inslrumeal; (b} is not personally obligated to pay the sums secured by this Sccurity Iiislrurnenl; and (c) agrees tf�at Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this 5ecurity lnstrument or the Note wilhoot llie co-signer's consent. Subject to the provisions of Section 18,any Su�cessor in InteresE of Borrower who assames Borrower's obligations under this 5ecurity Instrument in wrifing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under ihis Secarity Instrument. Sorrower shall not be rdcascd from Borruwer's uUligaiio�is and liabilily widee this 5eeurity Insirument unless Lender agrees to such relcase in ti�riting.The covenants and agreen�ents of this 5ecurity Instrument shall bind(except as proeided in Seclion 20)and benetit the successors and assigns of Lender. 14. Loan Charges. I.ender may charge E3orrower fees for services performed in connec6on with$orrower's default, for the purpose of protecling Lender's interest in ihe Propeny and rights under this Security Instrumei3t,inrluding,Uut nnt liniited tn,attnrneys'fees,property inspection and valuafion fees.In regard ta any other fees, the ahsence of express authority in Fhis 5ecurity Instiument la charge a speci�`ic fee to Borrower shall not bc construcd as a prahibition on the charging oF sach fee. Leuder may i�ul�:l�arge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If'the Loan is subject to a law which sets rriaximum]oan charges,and that]aw is finally interpreted so that the interest or ather loan charges collected or to be collected in connection with the Loan excecd the permitted I'tmits,then: (a}any such loan charge shall be reduced by the aroounl necessary to reduce the charge to[he permitted lirni[;and(b) any sums already collec[ed from$orrower which exceetled permitted liruits will 6e refunded Lu $n�ru�ver. Lender inay cliaine lu make lhis refund Uy reducing lhe principal owed under the Note or by making a direct pay�ment to Borrowec If a refund reduces principal, the NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFOi2M fNSTRUMENT Form 3028 1l01 Deed of Trust-N E 20D&�-NE(12111) Page 8 of 12