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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 hefare the partial taking, destruction, or loss in value is equal t.o or greater than the amau-tt 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 secured immediately before the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately hefare the partial
<br />taking, destruction, ar loss in value. Any balance shall be paid to Borrower.
<br />Iu 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 />utunediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
<br />in the next sentence) offers to make an award to settle a clattn for damages, Borrower fails to respond to header 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 Party" means
<br />the third party [hat awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action iu 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 or other material impairment 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 l9, by
<br />causing the action or proceeding to he 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 ar rights under this Security Instrument. The proceeds of any
<br />award or claim for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned and
<br />shall be paid to Leader.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied iu the order
<br />provided far in Sectiau 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor
<br />in Interest of Borrower 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 is Interest of Borrower or to refuse t.o 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 ar remedy
<br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
<br />Borrower ar 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 Liability; Cosigners; Successors and Assigns Bound. Eorrower covenants and 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-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 (e) agrees that bender and any other Borrower can agree to extend, modify, forbear or
<br />make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Section 18, any Sl1CCESSar in Interest of Borrower who assumes Borrower's obligations
<br />under this Security Ittstrumcnt in writing, and is approved by Lender, 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 i,ender 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. Lender may charge Borrower fees for services performed in connection with Borrower's default,
<br />for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not.
<br />limited to, attorneys' tees, property inspection and valuation fees, In regard to any other fees, the absence of express authority
<br />in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on [he charging of such
<br />tee. Lender may not charge fees that arc 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 sa that the interest
<br />or other loan charges collected or 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 may choose to make this
<br />refund by 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 Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />1S. Notices. All notices given by i3orrower or Lender in connection with this 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 Borrower when
<br />mailed by first class mail or when actually delivered to Borrower's notice 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. Borrower shall
<br />promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting I3orrawer's change of
<br />address, then Borrower shall only report a change of address through that specified procedure. There may be only one
<br />designated notice 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 unless Leader has designated another address by notice t.o
<br />Borrower. Any notice in connection with this Security Instrument shall not be deemed t.o have been given to Leader until
<br />actually received by Lender. If any notice required by this Security Instrument is also required under Applicable L,aw, 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 Property is located. All rights and obligations contained in this Security lustrurneut
<br />are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
<br />parries 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 Nate conflicts with Applicable Law, such
<br />conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the
<br />conflicting prevision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
<br />words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Nate and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest. iu the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred is a bond for deed, contract for deed, installment sales contract or 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 part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
<br />inunediate payment iu full of all sums secured by this Security Instrument. However, this option shall not be exe •i ed b
<br />Lender if such exercise is prohibited by Applicable Law.
<br />NEBRASKA-Single Family-Fannie Mae(Freddia Mac UNIFORM INSTRUMENT m o2 1( 7
<br />Bankers Systems, Inc., St. Cloud, MN Form MO-1-NE 8/17/2000 (page S of 7 pagep~'
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