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. . ^ r f � � �`. 99 110722 - 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. l0. Condemnation. 7'he proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In ttie event of a total taking of tt�e Property, the proceeds shatl be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In ttie event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be appGed to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Bonower, or if, afit.er notice by Lender to Borrower that the condemnor offers to make an award or setfle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrumc�t,whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. l l. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest� Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizadon of the sums secured by this Security Instrument by reason of any demand made by the original Bonower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. l2. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by Uus Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. l3.Loan Charges. If the loan secured by this Securiry Instrument is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in cocu�ection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to��acluce the charge to the perrnitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make tt�is refund by reducing the principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Bomower. Any notice provided for in this Security lnstrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. l5. Governing Law; Sever.tbility.7'his Securiry Instrument shall be governed by federal law and the law of the jurisdiction in which the Properry is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect ott�er provisions of this Security Instrument or the Note wtuch can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrowa's Copy.Borrower shall be given one conformed copy of the Note and of this Securiry InstrumenG l7. Transfer of the Property or a Beneficial Interest in Borrower. [f all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Single Family—FNWIA/FHLMC UNIFORM INSTRUMENT FORM 3028 09/90(Page 4 of 6 Pages} NEBRASKA EC899L Rev. 09/09/91 �