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202405103
<br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the Property. In
<br />the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds will be applied
<br />to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial Devaluation") where
<br />the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the amount of
<br />the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the
<br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument unless Borrower and Lender
<br />otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is determined by
<br />multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of
<br />the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the Property
<br />immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to Borrower.
<br />In the event of a Partial Devaluation where the fair market value of the Property immediately before the Partial
<br />Devaluation is Tess than the amount of the sums secured immediately before the Partial Devaluation, all of the
<br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not the sums are
<br />then due, unless Borrower and Lender otherwise agree in writing.
<br />(d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the sums
<br />secured by this Security Instrument, whether or not then due, or to restoration or repair of the Property, if Borrower (i)
<br />abandons the Property, or (ii) fails to respond to Lender within 30 days after the date Lender notifies Borrower that the
<br />Opposing Party (as defined in the next sentence) offers to settle a claim for damages. "Opposing Party" means the
<br />third party that owes Borrower the Miscellaneous Proceeds or the party against whom Borrower has a right of action in
<br />regard to the Miscellaneous Proceeds.
<br />(e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any action or proceeding
<br />begins, whether civil or criminal, that, in Lender's judgment, could result in forfeiture of the Property or other material
<br />impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a
<br />Default and, if acceleration has occurred, reinstate as provided in Section 20, 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 impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. Borrower is unconditionally assigning to
<br />Lender the proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in
<br />the Property, which proceeds will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or
<br />repair of the Property will be applied in the order that Partial Payments are applied in Section 2(b).
<br />13. Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Successor in Interest of
<br />Borrower will not be released from liability under this Security Instrument if Lender extends the time for payment or
<br />modifies the amortization of the sums secured by this Security Instrument. Lender will not be required to commence
<br />proceedings against any Successor in Interest of Borrower, or to refuse to extend time for payment or otherwise modify
<br />amortization of the sums secured by this Security Instrument, by reason of any demand made by the original Borrower
<br />or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
<br />without limitation, Lender's acceptance of payments from third persons, entities, or Successors in Interest of Borrower
<br />or in amounts less than the amount then due, will not be a waiver of, or preclude the exercise of, any right or remedy
<br />by Lender.
<br />14. Joint and Several Liability; Signatories; Successors and Assigns Bound. Borrower's obligations and liability
<br />under this Security Instrument will be joint and several. However, any Borrower who signs this Security Instrument but
<br />does not sign the Note: (a) signs this Security Instrument to mortgage, grant, and convey such Borrower's interest in
<br />the Property under the terms of this Security Instrument; (b) signs this Security Instrument to waive any applicable
<br />inchoate rights such as dower and curtesy and any available homestead exemptions; (c) signs this Security Instrument
<br />to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to Lender; (d) is not personally
<br />obligated to pay the sums due under the Note or this Security Instrument; and (e) agrees that Lender and any other
<br />Borrower can agree to extend, modify, forbear, or make any accommodations with regard to the terms of the Note or
<br />this Security Instrument without such Borrower's consent and without affecting such Borrower's obligations under this
<br />Security Instrument.
<br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, will obtain all of Borrower's rights,
<br />obligations, and benefits under this Security Instrument. Borrower will not be released from Borrower's obligations and
<br />liability under this Security Instrument unless Lender agrees to such release in writing.
<br />15. Loan Charges.
<br />(a) Tax and Flood Determination Fees. Lender may require Borrower to pay (i) a one-time charge for a real estate
<br />tax verification and/or reporting service used by Lender in connection with this Loan, and (ii) either (A) a one-time
<br />charge for flood zone determination, certification, and tracking services, or (B) a one-time charge for flood zone
<br />determination and certification services and subsequent charges each time remappings or similar changes occur that
<br />reasonably might affect such determination or certification. Borrower will also be responsible for the payment of any
<br />fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during the Loan
<br />term, in connection with any flood zone determinations.
<br />(b) Default Charges. If permitted under Applicable Law, Lender may charge Borrower fees for services performed
<br />in connection with Borrower's Default to protect Lender's interest in the Property and rights under this Security
<br />Instrument, including: (i) reasonable attorneys' fees and costs; (ii) property inspection, valuation, mediation, and loss
<br />mitigation fees; and (iii) other related fees.
<br />(c) Permissibility of Fees. In regard to any other fees, the absence of express authority in this Security Instrument
<br />to charge a specific fee to Borrower should 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 07/2021
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