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RE- ENFULU <br />200203541 200301490 <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal in or greater than the amount of the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Leader otherwise agree in writing, the sums secured by this Security Instrument shall he reduced by the amount of the <br />Miscellaneous Proceeds 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 hurawdintely before the partial <br />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 value of the <br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the <br />Miscellaneous Proceeds shall be applied to the stuns 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 Party (as defined <br />in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days <br />after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or <br />repair of the Property or to the sums secured by this Security Instrument, whether or out then due. "Opposing Party" means <br />the third patty that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard <br />to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, <br />could result in forfeiture of the Property or other material unpairnea of Lender's interest in the Property or rights under this <br />Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by <br />causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property <br />or other material impaimtcn[ of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any <br />award or claim for damages that are attributable to the impairment of Lender's mWerst in the Property are hereby assigned and <br />shall he paid to Lender. <br />All Miscellaneous Proceeds that are not applied ht restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor <br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Burrower. Lender <br />shall not be required to cortmteae proceedings against any Successor in Interest of Burrower or to refuse to extend time for <br />payment or otherwise codify amortization of the sums secured by this Security Instrument by reason of any demand made by <br />the original Borrower or any Successors in Interest of Borrower- Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of <br />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. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that <br />Borrower s obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument <br />but does not execute the Note (a "co-signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the <br />co- signer's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums <br />secured by this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accourmodalious with regard to the terms of this Security Instrumcnll or the Note without the co-siguer's consent. <br />Subject to [he provisions of Section 18, any Successor to Interest of Burrower who assumes Borrower's obligations <br />under this Security Imstrumea in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Leader agrees to such release in writing. The covenants and agreements of this Security Instrument shall hind <br />(except as provided in 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 Borrower's default, <br />for the purpose of protecting Lender's interest in the Properly and rights under this Security Instrument, including, but not <br />limited ter, aflorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority <br />in this Security Instrument to charge a specific fee to Borrower shall not he construed as a prohibition on the charging of such <br />fee. Lender may not charge fees that are expressly prohthhed by this Security hutrumea or by Applicable Law. <br />If the Loan is subject to a law which sets maximum ham charges, and that law is finally interpreted so that the interest <br />or ether loan charges collected or to he collected in connection with the Loan exceed the permitted limits, then: (a) any such <br />loan charge shall be reduced by the amount accessary ro reduce the charge to the permitted limit; and (b) any sums already <br />collected from Borrower which ...cited pertained limits will be refunded to Borrower- Lender may choose to make this <br />refund by reducing the principal owed under the Now or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction will he treated as a partial prepayment without any prepayment charge (whether or not a prepayment <br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. <br />Any notice N Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when <br />mailed by first class mail or when actually delivered to Borrower's notice address if sea by other means. Notice to any one <br />Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall <br />be the Property Address unless Borrower has desigrumal a substitute notice address by notice to Lender. Borrower shall <br />promptly notify Leader of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of <br />address, then Borrower shall only report a change of address through that specified procedure. There may be only one <br />designated notice address under this Security Instrument at any one time Any notice to Lender %hall be given by delivering it <br />or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to <br />Borrower, Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender mad <br />actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the <br />Applicable Law requirement will satisfy the corresponding rcquiroaent under this Security Instrument, <br />16. Governing Law; SeverahiB[y; Rules of Construction. This Security Instrument shall be governed by federal law <br />and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument <br />are subject rte any requirements and [Unitarians of Applicable Law. Applicable Law might explicitly or implicitly allow the <br />parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by <br />contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such <br />conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the <br />conflicting provision. <br />As used in this Security instrurneuC (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "may" gives sole disociiun without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Now Had of this Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section HL "Interest in the <br />Property" means any legal or beneficial interest in the Properly, including, but not limited lo, those beneficial interests <br />transferred in a bond for deed, contract for decd, instalhmea sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date 01 a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent, Lender may require <br />immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by <br />Lender if such exercise is prohibited by Applicable Law. <br />NEBRASKA— Slnyle Familv— Fannie MasiFraddle Mac UNIFORM INSTRUMENT - m 30 <br />sank ... SyNema. Inc.. St Cloud. MN Form Mn -1NF 8/17/20(c aage 5 9jngu) Far <br />,4 (t <br />