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2O'0203365
<br />In the event of a partial taking, destruction, or hiss 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 to or greater than the amount of the scans
<br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the suns secured by this Security Instrument shall be 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 liking, destruction, or Inss in value divided by (b) the fair market value of the Property immediately before the partial
<br />taking, destruction, at loss in value. Any balance shall he paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Properly 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 so= 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 chain for damages, Borrower Nils to respond to fender within 70 days
<br />alter 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 not then due. "Opposing Party" means
<br />the third party that owes Borrower Miscellaneous Proceeds of the party against whom Burrower has a right of action in regard
<br />to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or procccding, whether civil or criminal, is begun that, in Lender's judgment,
<br />could result in forfeiture of the Property or other material impairment 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 impairment 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 interest in the Property are hereby assigned and
<br />shall he paid to Lender
<br />All Mi..sceilaneoua Proceeds that arc not applied to 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 Lender 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 Borrower. Lender
<br />shall not he required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for
<br />payment or otherwise modify 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- siguing this Security Instrument only to mortgage, grant and convey the
<br />re- signer's interest in the Property under the terms of this Security Instrument, (b) is not persoually obligated to pay the sums
<br />secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend, modify, forbear or
<br />stake any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent.
<br />Subject to the previsions 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 bender, shall chum all of Borrower's rights and benefits under
<br />(his Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br />Iostrameat unless Lender 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. Lour 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 Property and rights under this Security instrument, including, but not
<br />limited m, attorneys' fees, property inspection and valuation fees. In regard In any other fees, the absence of express authority
<br />in this Security Instrument to charge a specific fee to Borrower shall rut be construed as a prohibition on the charging of such
<br />Ice. Lender may nut charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
<br />or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such
<br />loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
<br />collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this
<br />refund by reducing the principal owed under the Nate or by making a direct payment to Borrower. If a refund reduces
<br />Principal, the reduction will be 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 to 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 sent by other means. Notice to any one
<br />Borrower shall constitute notice to all Borrowers artless Applicable Law expressly requires otherwise. The notice address shall
<br />he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
<br />promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
<br />address, the. 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 shall 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 until
<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 requirement under this Security Instrument.
<br />16. Governing Law; Severability, 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 to any requirements and limitations 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 ransomed 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 be given effect without the
<br />conflicting provision.
<br />As used in this Security Instinctual: (a) words of the masculine gender shall mean and include corresponding neuter
<br />words or words of the feminine gendeq (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security I nfimarm.
<br />1R. Transfer of the Property or a Relteficial Interest in Borrower. As used in this Section 19. "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agrrxanen , the intent of which is the
<br />transfer of title by Borrower at a future date to 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 Lender's prim written consent, Lender may require
<br />itmnediale payment in full of all sums secured by this Security Instrument. However, this option shalt not be exercised by
<br />Lender if such exercise is prohibited by Applicable Law.
<br />NEBRASKA— Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1 Farm 3028 1101
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