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200908793 (a} the total amount of the sums secured immediately before the partia! taking, destruction, or loss in value divided by (b) the fair m arket value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shalt be paid to Borrower. In the event n# 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, ar loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or foss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured bythis Security Instrument whether ar not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lenderto Harrower that the Apposing Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrowerfails to respond to Lenderwithin 3t7 days afterthe date the ncitice is given, Lender is authorized to called and apply the Miscellaneous Proceeds eitherto restoration or repair of the Property ar to the sums secured bythis Security Instrument, whether yr not then due. "Apposing Party" means the third parry that awes Borrower Miscellaneous Proceeds or the pally against whom Harrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil nr criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property vrother material impairment of Lender's interest in the Property or rights underthis Security Instrument. Bonawercan cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a rating that, in Lender's judgment, precludes forfeiture of the Property or ether material impairment of Lender's interest in the Property or rights underthis Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restora#ion or repair of the Propertyshalf be applied in the order provided for in Section 2. 92. Borrower Not Released; Farbeawance By Lender Not a Waiver. Extension of the time far payment or modification of amortization of the sums secured bythis Security Instrument granted by Lenderto Borrower or any Successor in interest of Borrower steal! not operate to release the liability of Borroweror any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in interest of Borrower or to refuse #o extend time for payment or otherwise modify amortization of the sums secured bythis Security instrument by reason of any demand made by the original Borrrnver or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders acceptance of payments from third persons, entities or Successors in Interest of 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. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bong covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Bvrrvwerwho 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 underthe terms of this Security Instrument; (b) is not personally obligated to pay the sums secured bythis Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument yr the Note withvutthe co-signer's consent. Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits underthis Security Instrument_ Borrower shall not be released from Borrower's obligations and liability underthis Security Instrument unless Lender agrees to such release in writing. 'the covenants and agreements of #his Security {nstrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Lnan Charges. Lender may charge Harrower fees for services performed in connection with Borrower's default, fnrthe purpose of protecting Lenders interest in the Property and rights underthis Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited bythis Security Instrument or by Applicable Law. if the Loan is subject to a law which sets maximum loan charges, and that lavers finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the perrnitted limits, then: (a) any such loan charge shall ice reduced by the amount necessaryto reduce the charge NEBRA9 Wk.Siagle Family--Fannie MaarFraddia Mac UNIFORM INSTRUMENT (Page 8 of 12} Nebraska Deed of Trust 3028 N7= ppT ltilDl