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200412265 In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the property immediate! before the partial taking, destruction, or loss is value is equal m or greater than th8 amount of the sums P Y Y, secured of this a agree in writs g ire runts before the partial taking, Instrument or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured ti this Security I=a= of shah be reduced by edi amount of the paiscelltakng, Proceeds n, or loss by the following fraction: (a) m total amount of the sums secured immediately before the pausal taking, destruction, or loss i¢ value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property is which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree is writing, the Miscellaneous Proceeds shall be applied re the sums secured by this Security Instrument whether or not the stairs are then due. If the Property is abandoned by Borrower, tha or if, after notice by Leader to Borrower t the Opposing Party (as defined in the next sentence) offers to make an award no seu le a claim for damages. Borrower fails to respond to Leader within 30 days after the date the notice is given, Leader is authorized m collect and apply the Miscellaneous Proceeds either to restoration or repair at the Property or to the sums secured by this Security Instrument, whether or Out then due. "Opposing Parry" means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower bas a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security lnstruruem. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Leader's interest in the Property or rights under this Security iustrumelu. 'the proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are act applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the Lime for payment or modification of amortization of the sums secured by this Security Instrument granted by Leader to Burrower or any Successor to Interest of Borrower shall Out operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shalt not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the seats secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who Co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security instrument only to mortgage, gram and convey the co- signer's interest in the Property under the dams of this Security Instrument; (b) is rot personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Now without the co-signer's torrent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing and is approved by Leader, shall ohlain all of Borrower's rights and benefits under this Security lastrum ad. Borrower shall not he released from Borrower's obligations and liability under this Security lastrumem unless Leader agrees to such release in writing. The covenams and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Login Charges. Leader may charge Borrower fees for services performed is connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but mot limited to, attorneys' fees, property inspection and valuation fees. to regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sav maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected to connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptams, of any such refund made by direct payment in Borrower will constitute a waiver of any right of action Borrower might have arising out of such Overcharge. 15. Notices. All notices given by Borrower or Leader in connection with this Security lustrumed must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when funded by firs[ class mail or when actually delivered to Borrower's notice address if sea by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Leader. Borrower shall promptly notify Leader of Borrower's change of address. If Leader species a procedure for repotting Borrower's change of address, the. Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Leader. If say notice required by this Security Instrument is also required under Applicable law, the Applicable law requiremem will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabdlity; Rules of Construction. This Seen try Imtrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by Contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used to this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "rimy" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security treatment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a band for deed, contract for deed, installment sales contract or escrow agreement, the imem of which is the transfer of title by Borrower a[ a future date to a purchaser. If ail or any par[ of the Property or any !merest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrumem. However, this option shall not be exercised by Endo it such exercise is prohibited by Applicable Law. Form ao2a 7101 N NEBRASKA — Single Family —F+nrie MulFretltie Mac UNIFORM INSTRUMENT .a.— syn.m., sire., s'i, tine, uo re,m Mo tear entrz000 da6r J 71�8rJ1