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201207723
<br /> In the cvent of a total taking, destructiuq or loss in value of the Properry, the Miscellaneous Proceeds shall be
<br /> applied to the sums secured by this Sec;m-ity Inshument, whe[her or wt then due, with the excess, if any, paid to
<br /> [3orrower.
<br /> In the event of a par[ial taking, dcstruction, or loss in value of the Properry in which the fair market value of
<br /> the Property immediately before the partial[aking, destruction, or loss in value is equal to or greater[han the amount
<br /> of lhe sums secured by this Security Instrument i�runediately before the parlial laking destruction, or loss in value,
<br /> unless Burrower and Lender otherwisc agree in writing, the sums secured by lhis Security Instrument shall be reduced
<br /> by lhc amount of the Miscellaneous Proceeds multiplied by the following fracUoa (a)[he to411 amount of the sums
<br /> secured immedia[ely before the partial teki�g, destruction, or loss in value divided by(b)[hc Fair market value of the
<br /> Property immcdiately before the partial laking deshuctioq or loss in value. Any balance shall be paid to Borrower.
<br /> In the evenl of a partial taking, destruction, or loss in value of the Property in which thc fnir markct valuc of
<br /> the Property immcdiately before the partial laking, destruction, or loss in value is less than the amount of thc sums
<br /> secured immediately beforc the partial taking, destruclion, or loss in valuc, unl�ss Borruwcr and Lender oiherwise
<br /> agree in writing, the Misce;llaneous Proceeds shall be applieal to thc sun�s secu�ed by lhis Securily]nstrurnent whether
<br /> or not the sums are then due.
<br /> If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that the Opposing Party(as
<br /> dcfined in the next sentence) offcrs [o make an award to settle a claim for damages, Borrower fails to respond to
<br /> Lcnder within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br /> Pro�cds either to resroration o�repair of the Property or to the siuns secured by this Secu�iry Instrument, whether
<br /> or not thcn due. "Opposing Pazty" menns the third party that owes Bnrrower Miscellaneous Proceeds or the party
<br /> against whom Borrower has a right of action in rcgard to Miscellaneous Proceeds.
<br /> Borrower shall bc in default if any action or proceeding, whe[her civil or criminal, is bcgun thnl, in Lender's
<br /> judgment, could resull in forfeiture of the Property or other matcrittl impairnicn�uf Lender's interest in the Properry
<br /> or rights under this Secucity Instrument. Borrower can cure such a defaull and, if accelera4on has occurred,reinstate
<br /> as provided in Section 19, hy causing the action or procc�eding to be dismissed with a ruling that, in Lender's
<br /> judgment, precludes forfeiurce of thc Propzrty or other material impairment of Lender's interest in the Property or
<br /> rights un�ier this Security InstrumenL The proceeds of any award or claim for damages that are attributable to the
<br /> impairment of'Lender's interest in [he Property nre hereby assigned and shall be paid to Lender.
<br /> All Misc;cllxneous Proceeds that are nol applicd to restoration or repair of[he Property shxll 6c npplicd in lhc
<br /> order provided fur in Section 2.
<br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. F:xlension of[he time for paymcnt or
<br /> modification uf nmorti�ation of the sums securcd by this Securiry Instrument granted by Lender to Borrowcr ur any
<br /> Successor in Inlerest of Borrower shall iiol opertttc to release the liability of Borrower or any Succcssors in fnlcresl
<br /> of 13orrower. Lcnder shall not be required lo wmmcnce proceedings against any Successor in In[crest of&�rrowcr
<br /> or ro refuse to exlend time for payment or otherwise modify ttxnortization of thc siuns sccured by this Security
<br /> Instmment by wason of any dcmand made by the o�iginal k3orrowu or any Successors io Interest of Borrowec My
<br /> lorbca�ance by Lender in exercising any right or remeAy including, without limitatio��, Lender's acceptance of
<br /> payments from third persons, entities ur Successors in Interest of Borrower or in amounts less than the amount then
<br /> due, shall nol bc a waiver of or p�eclude Ihe excroise of any right or remedy.
<br /> 73. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covena�ts and agrees
<br /> that Borrower's obligations and lia6ility shall bejoint and several. However,any Borrower who co-signs this Security
<br /> Instrument but does not execute the Note(a"co-signe�'): (a)is co-signing lhis Sccurity Inst�umenl only to mortgage,
<br /> grant and convey the co-signer's ioterest in the Property undcr thc tcrms of Ifiis Sccurity lnstrument; (b) is not
<br /> personally obligated to pxy the sums secured by this Security Instrumenl; and(c)agrees that Lender and any o[her
<br /> Borrower can agree to cxtend, modify, forbear or make any accommoda�ions wilh regard lo lhe terms ot this Security
<br /> Instrument or the Note without the co-signer's consenl.
<br /> Subject to [he provisions uT Scction IR, any Successor in Interest of Borrower who acsumes Borrower's
<br /> obligalions under this SecuriYy Instrument in writing, and is approved by Lender,shall obhnin all of Borrowcr's[ighls
<br /> and benelils undcr this Security Instrument. Borrowcr shall not be released from Borrowcr's obligations and liability
<br /> NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFORM INSTRUMENT-MFRS po�g����
<br /> Form 3028 1/01 Page 9 pf 15 . www.docmagk.com
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