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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
<br />Property immediately before [he partial taking, destruction, or loss is value is equal to or greater than the amount of the sums
<br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums securedttntttediately before the
<br />partial taking, destruction, or lass in value divided by (b) the fair market value of the Property immediately before the partial
<br />taking, destruction, yr lass in value. Any balance 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
<br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
<br />immediately before the partial taking, destruction, or loss in value, unless Harrower and bender otherwise agree is writing, the
<br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are rhea due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender [o Borrower that the Opposing Party (as defined
<br />in the next sentence) offers to make an award tv settle a claim for damages, Borrower fails to respond to Leader within 30 days
<br />after 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 Parry" means
<br />the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard
<br />to 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 yr other material impaitxttent of Lender's interest in the Property or rights under this
<br />Security Instrument. Borrower can cure such a default and, 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 Instrumeat. The proceeds of any
<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 in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extensioa of the time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower yr any Successor
<br />in Iaterest of Harrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
<br />shall not be required to commence proceedings against any Successor in Interest of Horrower 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 Harrower or any Successors in Interest of Horrower. Any forbearance by Leader in exercising any right or remedy
<br />including, without limitation, Leader'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 Severtal 1<.iabillty; Co-signers; Successors and Assigns Sound. Borrower covenants and agrees that
<br />Borrower's obligations and liability shalt be joint and several. However, any Borrower who co-signs this Security Instrument
<br />but does not execute the Note (a "co-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 of this Security Instrument; (b) is not personally obligated to pay the sums
<br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower caa agree tv extend, modify, forbear or
<br />make any accommodations with regard to the terms of this Security Instrument or the Note without the ca-signer's consent.
<br />Subject tv the provisions of Section 18, any Successor in Interest of Borrower who assumes Horrower's obligations
<br />under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under
<br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind
<br />(except as provided in Section 20) and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Leader may charge Harrower fees far services performed in connection with Horrower's default,
<br />for the purpose of protectiag Lender's interest in the Property and rights under this Security Instrument, including, but not
<br />limited ta, attorneys' fees, property inspection and valuation fees. In regard tv any other fees, the absence of express authority
<br />in this Security Instrument to charge a specific fee to Horrower shall not be construed as a prohibition on the charging of such
<br />fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or b~ Applicable Law.
<br />If rite Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
<br />or other loan charges collected yr to be collected in connection with the Loan exceed the permitted limits, then: (a) any such
<br />loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
<br />collected from Borrower which exceeded permitted Limits will be refunded to Borrower. Lender tray choose to make this
<br />refund 6y reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Horrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices gives by Borrower or Lender in conaec[ion with [his Security Instrument must be in writing.
<br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Horrawer when
<br />mailed by first class mail or when actually delivered to Borrower's aotice address if sent by other means. Notice to any one
<br />Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall
<br />be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. $vrrower shall
<br />promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting $orrower's change of
<br />address, rhea Borrower shall only report a change of address through that specified procedure. There may be only one
<br />designated aotice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it
<br />or by mailing it by first class mail to Lender's address stated herein utiless Lender has designated another address by aotice [v
<br />Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until
<br />actually received by Lender. If any notice required by this Security Instrutneut is also required under Applicable Law, the
<br />Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law
<br />and the Law of the jurisdiction in which the Propertyts located. All rights and obligations contained in this Security Instrument
<br />are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
<br />parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
<br />contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
<br />conflict shall not affect other previsions of this Security Instrument or the Note which .can be given effect without the
<br />conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
<br />words ar words of the feminine gender; (b) words in the sittgular shall mean and include the plural and vice versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take say action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contract for deed, iustallmeat sales contract ar escrow agreement, the intent of which is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />If all or any dart of [he Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a benefictal tnterest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
<br />itntttediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by
<br />Lendertf such exercise is prohibited by Applicable Law.
<br />NEB~tASKA-Single Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT orm 3 8 1 7
<br />Bankers Systems, Inc., St. Cloud, MN Farm MO-1-NE 8/17/2000 (page 5 of 7pagex
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