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202502086
<br />the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market
<br />value of the Property immediately before the Partial Devaluation. Any balance of the Miscellaneous
<br />Proceeds will be paid to Borrower.
<br />In the event of a Partial Devaluation where the fair market value of the Property immediately before
<br />the Partial Devaluation is less than the amount of the sums secured immediately before the Partial
<br />Devaluation, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security
<br />Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in
<br />writing.
<br />(d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either
<br />to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair
<br />of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30
<br />days after the date Lender notifies Borrower that the Opposing Party (as defined in the next sentence)
<br />offers to settle a claim for damages. "Opposing Party" means the third party that owes Borrower the
<br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to the
<br />Miscellaneous Proceeds.
<br />(e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any
<br />action or proceeding begins, whether civil or criminal, that, in Lender's judgment, could result
<br />in forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Security Instrument. Borrower can cure such a Default and, if acceleration has
<br />occurred, reinstate as provided in Section 20, by causing the action or proceeding to be dismissed
<br />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. Borrower
<br />is unconditionally assigning to Lender the proceeds of any award or claim for damages that are
<br />attributable to the impairment of Lender's interest in the Property, which proceeds will be paid to
<br />Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be
<br />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
<br />Successor in Interest of Borrower will not be released from liability under this Security Instrument
<br />if Lender extends the time for payment or modifies the amortization of the sums secured by this
<br />Security Instrument. Lender will not be required to commence proceedings against any Successor in
<br />Interest of Borrower, or to refuse to extend time for payment or otherwise modify amortization of the
<br />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
<br />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, will not be a waiver
<br />of, or preclude the exercise of, any right or remedy by Lender.
<br />14. Joint and Several Liability; Signatories; Successors and Assigns Bound. Borrower's
<br />obligations and liability under this Security Instrument will be joint and several. However, any
<br />Borrower who signs this Security Instrument but does not sign the Note: (a) signs this Security
<br />Instrument to mortgage, grant, and convey such Borrower's interest in the Property under the terms
<br />of this Security Instrument; (b) signs this Security Instrument to waive any applicable inchoate
<br />rights such as dower and curtesy and any available homestead exemptions; (c) signs this Security
<br />Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to
<br />Lender; (d) is not personally obligated to pay the sums due under the Note or this Security Instrument;
<br />and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear, or make
<br />any accommodations with regard to the terms of the Note or this Security Instrument without such
<br />Borrower's consent and without affecting such Borrower's obligations under this Security Instrument.
<br />Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes
<br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, will
<br />obtain all of Borrower's rights, obligations, and benefits under this Security Instrument. Borrower will
<br />not be released from Borrower's obligations and liability under this Security Instrument unless Lender
<br />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
<br />for a real estate tax verification and/or reporting service used by Lender in connection with this
<br />Loan, and (ii) either (A) a one-time charge for flood zone determination, certification, and tracking
<br />services, or (B) a one-time charge for flood zone determination and certification services and
<br />subsequent charges each time remappings or similar changes occur that reasonably might affect such
<br />determination or certification. Borrower will also be responsible for the payment of any fees imposed
<br />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 />VO1.1.1.31656
<br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021
<br />Wolters Kluwer Financial Services, Inc. 02/2025
<br />25.2.0.6137-J20250303N Page 10 of 15
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