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200204071
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the lair 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 sums
<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 sums soured 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 securer.[ immediately before the
<br />partial taking, destruction, or loss in value divided by (b). tie 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 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 Leader otherwise ayrce in writing, the
<br />Miscellaneous Proceeds shall be applied to the sums 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 Leader 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 lo 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 or the party against whom Borrower has a right of acton in regard
<br />to Miscellaneous Proceeds.
<br />Borrower shall be fit default it my action or proceeding whether civil or criminal, is begun that, in Lenders jndgmerd,
<br />could result ui forfeiture of the Property'
<br />or other material impairment of Lenders 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
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<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 be paid to Lender.
<br />All Miscellaneous Procceds that are 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 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 Borrower. Leader
<br />shall not be required to commerce 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 ouguraI Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy
<br />including, without limitation, Lender's acceptance of payments Prom third persons, entities or Successors in Interest of
<br />Borrower of in amounts less than the amount then due, shall not he a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co- sigtil 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 it()( 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 terms of this Security Instrument; (b) is not personally obligated to pay the sums
<br />secured by [his Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
<br />make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
<br />Subject io 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 Leader, shall obtain all of Borrowers rights and benefits under
<br />Ibis Security instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br />Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall bind
<br />(except as provided in Section 20) and benefit the successors and assigns of Lender.
<br />14. Loom Charges. Lender may charge Borrowers fees for services performed in connection with Borrower's default;
<br />for the purpose of prolieting Leaders interest irk the Puipeny and rights under this Security ]instrument, rucludrii_, but not
<br />limited to, attorneys' fees, property inspection and valuation fees, In regard no any other fees, the absence of express authority
<br />in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chargiag of such
<br />fee. Lender may not charge fees that are expressly probibited 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 inner loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (r) any such
<br />loan charge shall be reduced by the amount necessary to reduce the charge to the permitter) limit; and (h) 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 Note 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 ( whetber 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 iii 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 m Borrower when
<br />mailed by first class mail or when actually delivered to Borrower's notice address it sent by other rue ins. Notice to any one
<br />Borrower shall constitute notice to all Borrowers unless Applicable Law expressly iuluires otherwise. 'file notice address shall
<br />be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shalt
<br />promptly notify Lender of Borrower's change of address. If Lender 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 tray be only ore
<br />designated note. e address under this Security Instrument at any one tinge. Any notice to Lender shalt be ,riven 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 fit connection with this Security Instrument shalt 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 />15. Governing Law; Severability; Rules of Construction. -This Security Instrument shall he governed by federal law
<br />and the law of the jurisdiction in watch 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 of it might be silent, but such silence shall not he 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 be given effect without the
<br />conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neater
<br />words or words of the ferninine gender; (b) words in the singular shall mean and include the plural and vice versa; and (e) 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 Note and of this Security Instrument.
<br />IS- Transfer of the Property or a Beneficial Interest in Borrower- As used in this Section 18, "Interest . is 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 agreement, the intent of which is the
<br />transfer of tilde by Borrower at a future date to a purchaser.
<br />11 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 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 — Single Family — Fannie: Mae /Freddie Mac UNIFORM. INSTRUMENT } Form 3428 1/01
<br />B.nW.by.,e lr,c, St. rl.d, MN Farm VD-1-NE 8/17 /2000 ` f/xtge s f7 wines %. mgr ,1
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