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~oloos9ao In the event of a partial taking, destruction, or loss in value of the Property in which the Fait market value of the Property immediately before the partial taking, destruction, or loss in value is equal to ar greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, ar loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the nuns sei;ured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In 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, ar loss in value is less ihan the amount of the sums secured immediately before the partial taking, destruction, or lass in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by ihis Security Instrument whether or not the sums are then duc. If the Property is abandoned by Harrower, ar if, after notice by Lender to Harrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim 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 Miscellaneous Proceeds either to restoration or repair of the Properi or to the sums secured by this Security Instrument, whether or not then duc. "Opposing Party" means the third party that owes Harrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscella~ous Proceeds. Borrower shall be in default if any action of proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property ar 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 be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this 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 Lerxler. All Miscellaneous Proceeds that are not applied to restoration ar repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabilii of Borrower ar any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time far payment ar otherwise modify amortization of the sums Secured by this Security Instrument by reason of any demand made by the original Harrower ar any Successors in Interest of Banrawer. Any forbearance by Lender in exercising any night or remedy including, without limitation, Lender's 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 Sound. Borrower covenants and agrees that Borrower's obligations and liability shall be 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 the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear ar make any accommodations with regard to the terms of this Security Instrument 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 in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/l1t (page 9 of 14 pages) GIVI2Q23.HP I I I I I I I I I IIIIII VIII VIII IIII) VIII VIII VIII VIII VIII VIII IIII II~IIII III III~II IIII IIII VIII IIII IIII 1 1 0 1 2 4 3 7 7 7 G V 2 lJ 2 3 .1.~ ~: G