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2:02100865
<br />LOAN #: 132470
<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 excess,
<br />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 value
<br />of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
<br />than the amount of the sums secured by this Security Instrument immediately before the partial taking,
<br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured
<br />by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied
<br />by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,
<br />destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
<br />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 Toss in value, unless
<br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />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 col-
<br />lect 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 in
<br />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, if
<br />acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be
<br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
<br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
<br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
<br />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
<br />in the order provided for in Section 2.
<br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pay-
<br />ment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
<br />Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
<br />any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
<br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amor-
<br />tization of the sums secured by this Security Instrument by reason of any demand made by the original
<br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
<br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver
<br />of or preclude the exercise of any right or remedy.
<br />12. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
<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 the
<br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
<br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
<br />make any accommodations with regard to the terms of this Security Instrument or the Note without the
<br />co-signer's consent.
<br />Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Bor-
<br />rower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
<br />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 19) and benefit the successors and assigns of Lender.
<br />13. 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 />Lender may collect fees and charges authorized by the Secretary. Lender may not charge fees that are
<br />expressly prohibited by this Security Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
<br />so that the interest or other loan charges collected or to be collected in connection with the Loan exceed
<br />the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce
<br />the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
<br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Modified for FHA 9/2014 (HUD Handbook 4000.1)
<br />Ellie Mae, Inc. Page 7 of 11
<br />Form 3028 1/01
<br />jr:h1p1
<br />NEEFHA15DE 0915
<br />NEEDEED (CLS)
<br />01/25/2021 07:37 AM PST
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