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<br /> In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
<br /> applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
<br /> 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 equal to or greater than the amount
<br /> of the sums secured 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 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 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 Borrower, 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, 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 Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br /> against whom Borrower has a right of action in regard 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. 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 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 /> 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 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 this Security Instrument granted by Lender to Borrower or any
<br /> Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
<br /> of Borrower. Lender shall not be required to commence proceedings 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 Borrower 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, 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. Borrower covenants and agrees
<br /> that Borrower's obligations and liability shall be joint and several. However,any Borrower 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 agree to extend, modify, forbear or make any accommodations with regard 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 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 Borrower's rights
<br /> and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic eiftraie
<br /> Form 3028 1/01 Page 9 of 15 www.docmagic.com
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