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<br />280718385
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<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair markct 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 secured by
<br />this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
<br />otherwise agree in writing, the SUlns secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
<br />Proceeds multiplied by the following fraction; (a) the total amount of the sUlns secured immediately before the partial taking,
<br />destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a partial taking, destmction, or loss in value of the Property in which the fair market value of the Property
<br />illllnediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately
<br />before the partial taking, destruction, or loss in value, unk<;s BOlTower and Lender otherwise agree in writing. the
<br />Miscellaneons Proceeds shall be applied to the sums secured by this Security Instrument whether or not the SUIllS are
<br />thell due.
<br />If the Property is ablildoned by BOlTower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in
<br />the next sentence) offers to make an award to settle a claim for dlinages, Borrower fails to respond to Lender within 30 days
<br />,tfter 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 the
<br />third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
<br />Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, 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 lild, 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 lilY
<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 Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
<br />provided for ill Sectioll 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />lllodification of amortization of the stnus secured by this Security Instrument granted by Lender to Borrower or any Successor
<br />ill Interest of Borrower shall not operate to release the liability of Borrower or lilY Successors in Interest of Borrower. Lender
<br />shall not be required to commence proceedings against lilY Successor in Interest of Borrowcr 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 />IIlcluding, 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 Liablllty; Co-signers; Successors and Assigns Bound. Borrower covenants liId 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-signcr"); (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
<br />the sums secured by this Secnrity Instnlluent; lild (c) agrees that Lender and lilY other Borrower can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the
<br />co-signer's consent.
<br />Subject to the provisions of Section 18, lilY Successor in Interest of Borrower who assumes Borrower's obligations under
<br />this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this
<br />Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument
<br />unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as
<br />provided in Section 20) and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Lender Illay charge Borrower fees for services performcd in connection with Borrower's default, for
<br />the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but nOllimited
<br />to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in lhis
<br />Security Instrument to charge a specitlc fee to Borrower shall not be construed as a prohibition on the charging of such fee.
<br />I "ender may not 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, lild that law is finally interpreted so that the interest or
<br />other loall charges collected or to be collected in connection with the Loan exceed the permitted limits, then; (a) any such loan
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<br />ITEM T2698LB (0308}-MERS
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<br />(Page 8 of 12 (laRes)
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<br />Form 3028 1/01
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<br />GREATLAND .
<br />To Order Call: HOO.530-9393 0 Fax: 616-791-1131
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<br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UNI}'ORM INSTRUMENT
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