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202110920
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12/27/2021 4:10:02 PM
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12/27/2021 4:10:00 PM
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DEEDS
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202110920
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202110920 <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 <br />collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third <br />party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of <br />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 <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 applied <br />in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the <br />time for payment or modification of amortization of the sums secured by this Security Instrument <br />granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release <br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to <br />commence proceedings against any Successor in Interest of Borrower or to refuse to extend time <br />for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. <br />Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or <br />remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrower's obligations and liability shall be joint and several. However, <br />any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): <br />(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />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 />HCFG-00359 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMPOO <br />Wolters Kluwer Financial Services 2021122017.1.0.4574-J20180529Y <br />Y <br />2567801921212 <br />Form 3028 1 01 <br />12/ 7 <br />Page 11 of 17 <br />11.1 <br />
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