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<br />200604615
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<br />thc Miscellaneous Proceeds shall bc applicd to thc sums securcd by this Security Instrument, whether or not then due, with the excess, if
<br />any, 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 ofthe Property, the Miscellaneous Proceeds shall he applied to the sums
<br />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 Property
<br />immediatcly before thc partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums secured by this Security
<br />Instrument immediately before the partial taking, dcstruction, or loss in value, unless Borrower and Lender otherwisc agrcc in writing, the
<br />sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount ofthe sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
<br />market value of the Property immediately before the partial 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 Property
<br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial
<br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to
<br />the sums secured hy this Security Instrument whether or not the sums are then due.
<br />Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next
<br />scntence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice
<br />is given, I ,ender is authori:.-:ed to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
<br />secured by this Security Instrument, whether or not then due. "Opposing Party" means thc third party that owes Borrower Miscellaneous
<br />Proceeds or the party against whom Borrower has a right of action in regard 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, could result
<br />in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.
<br />Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
<br />to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
<br />impairment of Lender's interest in the Property are hereby assigned and shall he paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order provided for in
<br />Section 2.
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<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
<br />amortization ofthe sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall
<br />not operate to release the liability of Borrowcr or any Succcssors in Interest of Borrowcr. Lender shall not be required to commence
<br />proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization ofthe
<br />sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
<br />Borrower. Any forbearancc by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments
<br />from third persons, entities or Successors in Interest of Borrowcr or in amounts less than thc amount then due, shall not be a waiver of or
<br />preclude the exercise of any right or remedy.
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<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's
<br />obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument hut does not execute the
<br />Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
<br />under the terms ofthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
<br />agrees that Lendcr and any othcr Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of
<br />this Security Instrument or the Note without the eo-signcr's consent.
<br />Suhject to the provisions of Section 18, any Sueccssor in Intcrest 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 Instrument.
<br />Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
<br />in writing. The covenants and agreements of this Sccurity Instrument shall bind (cxcept as provided in Section 20) and benefit the
<br />successors and assigns of Lcnder.
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<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's dcfault, for thc
<br />purpose of protecting Lender's interest in the Property and rights under this Security Instrumcnt, including, but not limited to, attorneys'
<br />fees, property inspection and valuation fees. In regard to any other fees, the absence of cxpress authority in this Security Instrument to
<br />charge a speci1ic fee to Borrower shall not be construed as a prohibition on the charging of such fee. I,ender may not charge fees that are
<br />expressly prohibited by this Security Instrument or by Applicable Law.
<br />If the Loan is subject to a law which scts maximum loan charges, and that law is Enally interpreted so that the interest or other loan
<br />charges collected or to be collected in connection with the Loan exceed the permitted limits, thcn: (a) any such loan charge shall be reduced
<br />by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded
<br />pcrmittcd limits will bc refundcd to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by
<br />making a direct payment to Borrower. If a refund reduces principal, the rcduction will be treated as a partial prepayment without any
<br />prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowcr's acccptance of any such refund made
<br />by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
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<br />15. Notices. All noticcs given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to
<br />Borrower in connection with this Sccurity Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
<br />whcn actually dclivered to Borrower's notice address if sent by other means. Noticc to anyone Borrower shall constitute notice to all
<br />Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
<br />designated a substitutc noticc address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
<br />Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that
<br />specified procedurc. Thcrc may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender
<br />shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unlcss Lender has designated another
<br />addrcss by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender
<br />until actually received by Lender. Ifany notice required by this Security Instrument is also rcquired under Applicable Law, the Applicable
<br />Law requirement will satisfy the corresponding requirement under this Security Instrument.
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<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall he govern cd by fedcrallaw and the law
<br />of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any
<br />requirements and limitations of Applicable Law. Applicable Law might cxplicitly or implicitly allow the parties to agree by contract or it
<br />might be silent, but such silence shall not bc construed as a prohibition against agreement by contract. In the event that any provision or
<br />clause ofthis Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions orthis Security
<br />Instrument or the Note which can be given cffcct without the conflicting provision.
<br />As used in this Sccurity Instrument: (a) words ofthe masculine gender shall mean and include corresponding neuter words or
<br />words ofthc feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole
<br />discretion without any obligation to take any action.
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<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Sccurity Instrument.
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<br />18. Transfer ofthe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Intcrest in the Propcrty" means
<br />any legal or beneEcial interest in the Property, including, but not limited to, those beneficial intcrests transferred in a bond for deed, contract
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<br />IDS, Inc. - (800) 554-1872
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<br />Borrower(s) Initials
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<br />Form 3028 1/01
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<br />#/fJ ~,H.~
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<br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS
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