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:~ ~ ~-;~ ~ 2oosos3zi In the event of a partial taking, destruction, or loss itt value of the Property in which the fair market value of the Property izttzttediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument iznznediately before the partial taking, destruction, or loss in value, unless Borrower and Leuder otherwise agree izt writing, the sums secured by this Security Instrument. shall be reduced by the amount of the Miseellaueous Proceeds multiplied by the following fraction: (a) the Coral aznouut of the sums secured inunediaCely before the partial taking, destruction, or loss iu value divided by (b) the fair market value of the Property inunediately before the partial taking, destruction, or loss in value. Any halaztcc shall. be paid to Borrower. Iu the event of a partial. taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss iu value is less than the amount of the sums secured utmtediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miseellaueous Proceeds shall be applied to the sums secured by this Security Instruzttent whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that. the Opposing Party (as defined iu the next sentence) offers to make an award to settle a clone for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miseellaueous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security Instrument, whether or not. rhea due. "Opposing Party" means the third party that owes Borrower Miseellaueous Proceeds or the party against whom Borrower has a right of action in regard to Miseellaueous Proceeds. Borrower shall be iu default if any action or proceeding, whether civil or crizniltal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impaiz-utcnt of bender's interest in the Property or rights under this Security Instrument.. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to he disco"used with a ruling that, in bender's judgment, precludes forfeiture of the Property or other material unpairment of Lender's interest iu the Property or rights under this Security Instrument. The proceeds of any award or clone for damages that arc attributable to the izttpairtnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restvration or repair of the Property shall he applied in the order provided for in Section 2. 12. Borrower Nnt Released; ~"orbearance By Lender Not a Waiver. Extension of the time for payment or modification of atttortizatiou of the scans secured by this Security Iustruntent granted by Lender to Borrower or any Successor in Interest. of Borrower shall not operate to release the liability of Borrower or any Successors iu Interest. of Borrower. Leuder shall not he required to cozimzence proceedings against. any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify atuort.izatiou of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors iu Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without llllltlall011, Lender's acceptance of paytllellts from third persons, entities or Successors in Tttterest of Borrower or in azttounts less than the arnouut Chen due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligatiotts and liability shall he joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the 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 under Che teens of this SeeuriCy Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that L.,euder and any other Borrower can agree to extend, modify, forbear or make any accommodations wish regard to the terms of this Security Iustrumeut or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument. iu writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security lustrumettt. Borrower shall not. be released frotu Borrower's obligatiotts and liability under this Security Instrwttent unless bender agrees to such release iu writiztg. The covenants and agreements of this Security Iustrumeut shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed itt connection with Borrower's default, for the purpose of protectiztg Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, aCCorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express auihoriiy iu this Security Instruzttent to charge a specific fee to Borrower shall not be construed as a prohibition on tttc chargiztg of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrunzeut or by Applicable I~aw. If the I_,oau is subject to a law which sets maxultunt loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to he collected in connection with the Loau exceed the permitted lizttits, then: (a) any such Loau charge shall be reduced by the atttount necessary to reduce the charge to the permitted limit; and (b) any stuns already collected froztt Borrower which exceeded permitted limits will be refunded to Borrower. Leuder may choose to make ibis refund by reducing the principal owed under the Note or by making a direct payment. to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment. charge (whether or not a prepayment charge is provided for under the Noie). Borrower's acceptance of any such refund made by direct payment. to Borrower will constitute a waiver of any right of action Borrower zttight have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Harrower in. connection with this Security Instrutneut shall be deemed to have been giver[ to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent. by other means. Notice to any one Borrower shall coztstituce notice to all Borrowers unless Applicable l.,aw expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify bender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. 't'here may be only one designated notice address under this Security Iustruznem at any one time. Any notice to I.,ettder shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice iu collaectiou with this Security lnstruntent shall not he deemed to have been given to Lender until actually received by Leuder. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable I,aw requiremett. will satisfy the corresponding requirement utrder this Security Instruzttent. 16. Governing Law; Severability; Rules of Construction. Tltis Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatiotts contained in this Security instrument are subject to any requiretttents and litnitatious of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it tuight he silent, but such silence shall not he construed as a prohibition against agrcentetzt by contract, Iu the event that any provision or clause of this Security Instrutttent or the Notc conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Iustrumeut or the Note which can be given effect. without the conflicting provision. As used iu this Security ittsirument: (a) words of the masculine gender shall ttieau and include corresponding neuter words or words of the feminine gender; (h) words iu the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.. 1$. Transfer of the Property ar a Beneficial Interest in Borrower. As used in Chic Section 18, "Interest iu the Property" tneaus arty legal ur beneficial interest iu the Property, ittc).udiug, but not limited to, those beneficial interests traltsfcrred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or arty part. of the Property or any Interest izt the Property is sold or transferred (or if Borrower is not. a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's pz-ior written consent, Leuder may require inunediate payrneut. iu full of all sums secured by this Secirity Iustrumeut. however, this option shall not. he exercised by Lender if such exercise is prohibited by Applicable Law. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFDRM INSTRUMENT Form 3Q28 7/07 Bankers Systems, Inc., St. Cloud, MN Form MD 1 NE 8!1712000 (page .S n(i"pages')