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<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 equal to or greater than the amount of the sums secured by this
<br />Security 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 Security Instrument shall be reduced by the amount ai the Miscellaneous Proceeds multiplied
<br />by the fallowing 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, ar loss in value. Any balance
<br />shall be paid to Borrower.
<br />In the event of a partial taking, destruction, nr loss in value of the Property in which the fair market value of the Property
<br />imm®diately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before
<br />the partial taking, 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 />if the Pro arty is abandoned by Borrower, or 'rf, after notice by Lender to Borrower that the Apposing Party (as defined in the
<br />next sentence offers to make an award to settle a claim for damages, Borrower fails to respond to Lender wiChin 30 days after the
<br />date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the
<br />Propert or to the sums secured by this Security Instrument, whether or not then due. Opposing Party" means the third pparty that
<br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In regard to Miscellaneeus
<br />Proceeds,
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could
<br />result in forfeiture of the Property or other material Impairment of Lender's interest in the Propert or rights under this Security
<br />instrument. Borrower can cure such a default and, if acceleration has occured, reinstate as providedyin Section 19, by causing the
<br />action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the Property or other material
<br />impairment of Lender's interest in the Property or rights under this Security 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 Misaellaneous Proceeds that are not applied to restoration or r®pair of the Property shall be applied in the order provided
<br />for in Section 2.
<br />12. Borrower Nat Released; Forbearance By Lender Nat a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Security instrument granted by Lander 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 shat! not
<br />be required to commence proceedings against any Successor 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 ongrnal
<br />Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including, without
<br />limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower er in amounts less than
<br />the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability Cosigners; Successors and Assigns Bound. Borrower covenants and agrees
<br />that Borrower's obligations and liability shal~ be joint and several. However, any Borrower who co-signs this Security Instrument but
<br />does not execute the Note (a "co-signer"): (a) is cn-signing this Security Instrument only tv 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 the sums secured
<br />by this Seaurity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
<br />accommodations with regard to the teens of this Security Instrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Section 1 B, an Successor in Interest of Borrower who assumes Borrower's obligations under this
<br />Security Instrument in writing, and is approvedyby 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.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, far the
<br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,
<br />attorney's fees, property inspection and valuation fees- In regard to any other fees, the absence of express authority in this Security
<br />Instrument to charge a speafic fee to Borrower shall not be construed as a prohibition an the charging of such fee. Lender may not
<br />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, 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 exceed the permitted limits, then; (a) any such loan charge shalt
<br />be reduced by the amount necessary to reduce 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 Nota or by making a dirant payment to Borrower. If a refund reduces principal, the reduction will be treated as a
<br />partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Not®). Borrower's
<br />acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have
<br />arising out of such overcharge,
<br />15. Notices. All notices given by Borrower or Lender in Conn®ction with this Security Instrument must be in writing Any
<br />notic® to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first
<br />class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute
<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 notic® address by notice to Lender. Borrower shall promptly notify Lander of Borrower's
<br />change of address. If Lender specifies a procedure far reporting Borrower's change of address, then Borrower shall only report a
<br />change of address through that specified procedure. There may be only one designated notice address under this Security
<br />Instrument at any one time. Any notice to Lender shall be given by delivering it ar by mailing it by first class mail to Lender's address
<br />stated herein unless Lender has designated another address by notice to Borrower. An notice in connection with this Security
<br />Instrument shall oat be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security
<br />Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under
<br />this Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shail be governed by federal law
<br />and the law of the jurisdiction in which the pproperty is located. All rights and obligations contained in this Security Instrument are
<br />subject to any regwrements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree
<br />by contract or it might be silent, but such silence shall not be construed as a prahi itian a ainst 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 Seaurity Instrument or the Note which can be given effect without the conflicting provision.
<br />As used In this Security 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 vice versa; and (c) the word "may" gives
<br />sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument,
<br />NCBRASKA-slnpla Family-Fannie Maa/Freddie Mec UNIFORM INSTRUMENT
<br />$02E NE DDT 01/01 PQ5
<br />Form 392E 1/01 (p~g~ 5 0} 7 pagra) i
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