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<br />200604980
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<br />In the event 01 a partial taking, destruction, or loss In value 01 the Property In which the fair market value of the Property
<br />immediately before the partial taking, destruction, or loss In value is equal to or greater than the amount of the sums seoured by this
<br />Seourity Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree
<br />In writing, the sums secured by this Seourity Instrument shall be reduced by the amount of the Miscellaneous Proceeds muftiplied
<br />by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value
<br />dIvided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance
<br />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, destruotion, or loss In value is less than the amount 01 the sums secured ImmediatelY before
<br />the partial faking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds
<br />shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.
<br />
<br />If the Property is abandoned by Borrower, or n, after notice by Lender to Borrower that the Opposmg Party (as defined in the
<br />next sentence) offers to make an award to settle a olalm for damages Borrower fails to respond to Lender wfthln 30 days after the
<br />date the notice Is given, Lender is authorized to colleot and apply the Miscellaneous Proceeds either to restoration or repair of the
<br />Property or to the sums secured by this Security Instrument, whether or not then dUe. "OPfos'ng Party" means the third party that
<br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a righ of action In regard to Miscellaneous
<br />Proceeds.
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<br />Borrower shall be in default if any action or proceeding, whether civil or orimlnal, is begun that, In Lender's judgment, oould
<br />result in forleiture at the Property or other material impairment of Lender's Interest in the Property or rights under this Security
<br />Instrument. Borrowor can cure such a default and, If acceleration has occured, reinstate as prOVided in Section 19, by causing the
<br />action or prooeeding to be dismissed with a ruling that, In Lender's judgment, precludes 10rleiture of the Property or other material
<br />impairment of Lender's interest In the Property or rights under this Seourity 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
<br />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.
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<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 seoured by this Security Instrument granted by Lender to Borrower or any Successor in
<br />Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not
<br />be required to commence proceedings against any Suooessor in Interest of Borrower or to refuse to extend time for payment or
<br />otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original
<br />Borrower or any Sucoessors in Interest of Borrower. Any forbearance by Lender in exercising any rl1lht or remedy including, without
<br />limitation, Lander's acceptance of payments from third persons, entities or Successors in Interest of Borrower or In amounts less than
<br />the amount then due, shall not be a waiver of or preclude the exerolse of any right or remedy.
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<br />13. Joint and Severalllabilily' Co-signers; Suceessors and Assigns Bound. Borrower covenants and agrees
<br />that Borrower's obligations and liability shalr be joint and several. However, any Borrower who eo-signs this Security Instrument but
<br />does not execute the Note (a .oo-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 01 this Security Instrument; (b) Is not personally obligated to pay the sums secured
<br />by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modffy, forbear or make any
<br />accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
<br />
<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 of this Security Instrument shall bind (except as provided in Section
<br />20) and benefit the successors and assigns of Lender.
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<br />14. Loan Charges. Lender may charge Borrower fees for services perlormed in connection with Borrower's default, for the
<br />purpose 01 protecting [ender's interest In the Property and rights under this Seourfty Instrument, including, but not limited to,
<br />attorney's fees, property inspection and valuation fees. 1n 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 />oharge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
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<br />If the Loan is subject to a law which sets maximum loan oharges, 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 exoeed the permitted IImfts, then: (a) any such loan charge shall
<br />be reduced by the amount necessary to reduoe 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 refund by reducing the principal
<br />owed under the Note or by making a direot payment to Borrower. If a refund reduces principal, the reduction will be treated as a
<br />partial prepayment without any prepayment oharge (whether or not a prepayment charge Is provided for under the Note). Borrower's
<br />acceptanoe at any such refund made by direct payment to Borrower will constitute a waiver of any right of aollon Borrower might have
<br />arising out of such overcharge.
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<br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. MY
<br />notice to Borrower in connection with this Security Instrument shall be deemed to have been !Jlven to Borrower when mailed by first
<br />class mall or when actually delivered to Borrower's notice address ~ sent by other means. Nohoe to anyone Borrower shall oonstltute
<br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
<br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notny Lender 01 Borrower's
<br />change of address. If Lender specifies a procedure for reporting Borrower's ohange 01 address, then Borrower shall only report a
<br />change of address through that specified procedure. There may be only one deslQnated notice address under this Security
<br />Instrument at anyone time. Any notice to Lender shall be given by delivering It or by maIling It by first class mail to Lender's address
<br />stated herein unless Lender has designated another address by notice to Borrower. Any n011ce In connection with this Security
<br />Instrument shall not be deemed to have been given to Lender until aotually received b~ Lender. If any notioe required by this Security
<br />In~trumen~ is also required under Applicable Law, the Applicable Law requirement Will satisfy the corresponding requirement under
<br />thiS Security Instrument.
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<br />16. Governing law; Severabllityj Rules of Construction. This Security Instrument shall be governed by lederallaw
<br />and the Jaw of the jurisdiction in whioh the Property Is Iooated. All rights and obligations contained In thIs Security Instrument are
<br />subjeot to any requirements and limitations of Appl1cable Law. Applicable Law might explicitly or implloitly allow the parties to agree
<br />by oontract or it might be silent, but such silence shall not be construed as a prohibitIon against agreement by contract. In the event
<br />that 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.
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<br />As used in this Seourity 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 viae versa; and (c) the word "may" gives
<br />sole discretion without any obligation to take any action.
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<br />17. Borrower's Copy. Borrower shall be given one oopy of the Note and of this Security Instrument.
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<br />NEeFlASKA-Slngl. F.m1ly-Fannl. M-rfrllddl...Maa UNIFORM INsmUMeN1'
<br />3028 NE COT 01/01 I'G5
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<br />Fann 3028 11111 (peg<> 5 ol7 peg...)
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