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201805172
<br /> LOAN#: 17178
<br /> completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
<br /> may pay for the repairs and restoration in a single disbursement or in a series of progress payments
<br /> as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
<br /> to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest
<br /> or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
<br /> Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured
<br /> by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
<br /> Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
<br /> In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds
<br /> shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
<br /> excess, if any, paid to Borrower.
<br /> In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
<br /> value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
<br /> greater than the amount of the sums secured by this Security Instrument immediately before the partial
<br /> taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br /> secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br /> multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br /> partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately
<br /> 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
<br /> value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br /> amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br /> Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
<br /> sums secured by this Security Instrument whether 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
<br /> Party(as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower
<br /> fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect
<br /> and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
<br /> secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
<br /> that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action
<br /> in regard to Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br /> Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br /> interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,
<br /> if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
<br /> to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other
<br /> material impairment of Lender's interest in the Property or rights under this Security Instrument. The
<br /> proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
<br /> 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
<br /> applied in the order provided for in Section 2.
<br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
<br /> payment or modification of amortization of the sums secured by this Security Instrument granted by
<br /> Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability
<br /> of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
<br /> proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
<br /> otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
<br /> made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender
<br /> in exercising any right or remedy including, without limitation, Lender's acceptance of payments from
<br /> 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.Borrowercovenants
<br /> and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower
<br /> who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this
<br /> Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under
<br /> the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this
<br /> Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify,
<br /> forbear or make any accommodations with regard to the terms of this Security Instrument or the Note
<br /> without the co-signer's consent.
<br /> Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
<br /> Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
<br /> all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
<br /> Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
<br /> in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
<br /> Section 20) and benefit the successors and assigns of Lender.
<br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
<br /> Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
<br /> Security Instrument, including, but not limited to, attorneys'fees, property inspection and valuation fees.
<br /> In regard to any other fees, the absence of express authority in this Security Instrument to charge a
<br /> specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may
<br /> not charge fees that are expressly prohibited by this Security Instrument or by Applicable L w
<br /> Initial
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br /> Ellie Mae, Inc. Page 7 of 10 0415
<br /> NEUDEED(CLS)
<br /> 07/31/2018 09:38 AM PST
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