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202.403867
<br />LOAN #: 240707108
<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. 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
<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 Law.
<br />NEBRASKA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />ICE Mortgage Technology, Inc. Page 7 of 11
<br />1111 .I*I',U ININi.',1N kEitri f il0,11111
<br />NEUDEED 0415
<br />NEUDEED (CLS)
<br />08/09/2024 10:06 AM PST
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