Laserfiche WebLink
400008622 <br />20. CONDEMNATION. <br />(a) Borrower shall promptly notify Lender of any action or proceeding relating <br />to any condemnation or other taking, or conveyance in lieu thereof, of all or any part of the <br />Mortgaged Property, whether direct or indirect (a "Condemnation "). Borrower shall <br />appear in and prosecute or defend any action or proceeding relating to any Condemnation <br />unless otherwise directed by Lender in writing. Borrower authorizes and appoints Lender <br />as attorney -in -fact for Borrower to commence, appear in and prosecute, in Lender's or <br />Borrower's name, any action or proceeding relating to any Condemnation and to settle or <br />compromise any claim in connection with any Condemnation. This power of attorney is <br />coupled with an interest and therefore is irrevocable. However, nothing contained in this <br />Section 20 shall require Lender to incur any expense or take any action. Borrower hereby <br />transfers and assigns to Lender all right, title and interest of Borrower in and to any award <br />or payment with respect to (i) any Condemnation, or any conveyance in lieu of <br />Condemnation, and (ii) any damage to the Mortgaged Property caused by governmental <br />action that does not result in a Condemnation. <br />(b) Lender may apply such awards or proceeds, after the deduction of Lender's <br />expenses incurred in the collection of such amounts, at Lender's option, to the restoration <br />or repair of the Mortgaged Property or to the payment of the Indebtedness, with the <br />balance, if any, to Borrower. Unless Lender otherwise agrees in writing, any application <br />of any awards or proceeds to the Indebtedness shall not extend or postpone the due date <br />of any monthly installments referred to in the Note, Section 7 of this Instrument or any <br />Collateral Agreement, or change the amount of such installments. Borrower agrees to <br />execute such further evidence of assignment of any awards or proceeds as Lender may <br />require. <br />21. TRANSFERS OF THE MORTGAGED PROPERTY OR INTERESTS IN <br />BORROWER. <br />(a) The occurrence of any of the following events shall constitute an Event of <br />Default under this Instrument: <br />(1) a Transfer of all or any part of the Mortgaged Property or any interest <br />in the Mortgaged Property; <br />(2) a Transfer of a Controlling Interest in Borrower; <br />(3) a Transfer of a Controlling Interest in any entity which owns, directly <br />or indirectly through one or more intermediate entities, a Controlling <br />Interest in Borrower; <br />FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 4/98 Page 28 <br />NEBRASKA <br />