|
200211350 LOAR II: 2231883
<br />Property or to the sums secured by Ihis Security Instrument, whether or not then due. "Opposing Party" means the third party IliaI
<br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right ofaction in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begRm that, in Lcnder'sjudgnnent, could
<br />result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security
<br />Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the
<br />action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other material
<br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
<br />damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided
<br />for in Section 2
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pavmenl or modification of
<br />amortization ofthe sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower
<br />shall not operate to release the liability ofBorrowerorany Successors in InterestofBOrrower. Lendershallnolbcmquiredtowmmence
<br />proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
<br />ofthe sums sccuredby this Security Instrumentby reason orally demand made bythe original Borrower or any Successors in Interest
<br />of Borrower. Any forbearance by Lender in exercising any righter remedy including, without limitation, Lender's acceptance of
<br />payments front third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not
<br />be a waiver of or preclude the exercise armor right or remedy.
<br />13. Joint and Several Liability; Co- Signers; Successors and Assigns Bound. BOrrowercovenants and agreesthat Borrower's
<br />obligations and liability shall hejointand several. However, anyBOrzower who co-signs [his Security Instrumentbut does not execute
<br />the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in
<br />the Properly under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
<br />Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations
<br />with regard to the terns of this Security Instrument or the 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 under this
<br />Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security
<br />Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender
<br />agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section
<br />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, for the
<br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,
<br />attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security
<br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not
<br />charge Ices 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 or other
<br />loan charges collected or to be collected in connection with the Loan exceed thepcnuined limits, then: (a) any such loan charge shall
<br />be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower
<br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refundby reducing the principal owed
<br />under the Note or by making a direct payment to Borrower. Ira refund reduces principal, the reduction will be treated as a partial
<br />prepayment without any prepayment charge (whether or not a prepayment charge is provided for wider the Note). Borrower's
<br />acceptance orally such refund made by direct payment to Borrower will constitute a waiver orally right of action Borrower might
<br />have arising out of such overcharge.
<br />15. Notices. All notices givenby Borroweror Lender in connectionwiththis Security Instrument mustee in writing. Any notice
<br />to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class
<br />nail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute
<br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall betheProperty Address unless
<br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's
<br />change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a
<br />change ofaddress through that speciftedprocedure. There maybe only one designated notice address anderthis Security Instrument
<br />m any one time. Any notice to Lender shall be given by delivering it or by nailing it by first class mail to Lender's address stated
<br />herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
<br />shall not he deemed to have been given to Lender until actually received by Lender, ifally notice required by this Security Instrument
<br />is also required under Applicable Law, the Applicable Law requirement will satisfy lire corresponding requirement under this
<br />Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the
<br />law of lhejurlsdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject
<br />to any requirements and limimmin5 of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by
<br />contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that
<br />any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
<br />provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or
<br />words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may"
<br />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 />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"
<br />means any legal or beneficial interest in the Property, including, but not limited to, hose beneficial interests transferred in a bond
<br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower
<br />at a future date to a purchaser.
<br />If all or anv part ofthe Property or any Interest in the Properly is sold or transferred (or ifBorrower is not a natural person and
<br />abeneficial interestin Borroweris soldor transferred) wilhoutLender'sprion writtenconsent, Lendermay require immediatepayment
<br />in full of all sums secured by this Security Instrument, However, this option shall not be exercised by Lender if such exercise is
<br />prohibited by Applicable Law.
<br />If Lender exercises this option, Lender Shall give Borrower notice of acceleration. The notice shall provide a period of not less
<br />than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured secured by
<br />NEBRASIW-- Single Family –Fnmde Mae /Freddie Mac UNIFORM INSTRUMENT Initials: Iti L�r,
<br />k'- 30181101 Page 6 of 8 RET HEED
<br />
|