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200200500 <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscallarsous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied t0 restoration or repair of the Property, if <br />the restoration or repak is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />prool Lender may pay for the repels, and restoration in a single disbursement or in a sores of progress payments as the <br />work is completed. Unless an agreement Is made in writing or Applicable Law requires Interest to be paid an such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. if the restoration or repak is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than due, with the excess, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for In Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied 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 In which the fair market value of the <br />Property immediately before the Cartel taking, destruction, or loss M value is equal to 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 />Lander otherwise agree in writing, the sums securetl by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following faction: (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 immediately 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 foss in value is lass than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in vabe, unless Borrower and Lender otherwise agree In writing, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or not the sums are then <br />tlue. <br />If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposing Party (as <br />defined In the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the data the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party- means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has <br />a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default M any action or proceeding, whether civil or criminal, is begun that, in Lenders <br />judgment. could reset in forfeiture of the Property or other materiel impairment of Lentler', interest In the Property or rights <br />under this Security Instrument. Borrower can cure such a default end, it acceleration has occurred, reinstate as provided In <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, to Lenders judgment, precludes forfeiture <br />of the Property or other material Impalement of Lender's interest m the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Properly shall be applied in the order <br />provided for In Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br />Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be require! to commence proceedings against any Successor in Interest of Borrower or to refuse <br />to extend time for payment or otherwise modify amortisation of the sums secured by this Security Instrument by reason of any <br />demand made by the original Borrower or any Successors M Interest of Borrower. Any forbearance by Lender In exercising <br />any right or remedy including, without limitation. Lender's acceptance of payments from third persons, enties or Secoe,Sre in <br />Interest of Borrower or in amounts less than the amount than due, shall not be a waiter of or preclude the exercise of any <br />right or Remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower <br />covenants and agrees that Borrowers obligations and liability shall be joint and Several, However, any Borrower who co -signs <br />this Security Instrument but does not execute the Note (a "co- sgnar "): (a) is co- signing this Security Instrument only to <br />mortgage, grant and convey the co- signers Interest In the Prosody under the terms of this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower <br />can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the <br />Note without the co- signer's consent. <br />Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations <br />under this Security Instrument In writing, and is approved by Lander, 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 Instrument <br />unless Lender agrees to such refuse in voting. The covenants and agreements of this Security Instrument shall bind (except <br />as provided in Section 20) and benefit the successors and assigns of Lander. <br />14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrowers <br />tlefault, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but <br />not limited to ettomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express <br />authority In this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lander may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges Collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any <br />sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lander may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. It a refund <br />reduces principal, the reduction will be treated as a penal prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to <br />Borrower will constitute a waver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lander in connection with this Security Instrument must be in <br />writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mall or when actually sell to Borrower's notice address if sent by other means. Notice to any <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.. The notice address <br />Shell be the Property Address unless Borrower has designated a substitute notice address by notice to Lander. Borrower <br />NEBRASKA <br />a „ale <br />Fa-, <br />Fannie Mare/Freddie Mac <br />UNIFORM INSTRUMENT <br />Form 3028 <br />1101 Sur. a a, a o.9ea1 <br />F 95E5 Lida (I lino) <br />Syr- rrVKJ // �1\ <br />Iffs <br />