a
<br />2(IlOQ811 �
<br />[n We event of a pani�l taking, destruaioq, or loss in value of the Ptnperty in which the fair market value oP We
<br />Property immediately before the partial takiag. destruction, or loss ia value is equat to or groeater than the acnouat oF t6e sums
<br />sccured by this Security Instrument immediatety before thepartial takiag. destruction, or loss in value, unless Borrower and
<br />Lender atlierwise agrec in writing, the sums secured by ti�is Security Instrwnent shall be �educed by the amnune of the
<br />Miscellaaeous Proceeds multiplied by the follawipg fraction: (a) the cotal amount of the swns secured immediately before We
<br />partial taking. destruction, or loss iu value divided by (b) the fair market value of the Property immediately befare the partial
<br />taking, deatruction, or toss ia vaiue. Any balance shall be paid w Borrower.
<br />Iu the event of apattial takinp, descruaiou, or loss ia valne of the Pmpecty in w6ieh the fair market value of the
<br />Property immediately be�ore the paftial taking, destn�ction, or loss in value is less thaa We amount of the sums secured
<br />immediately before the pactial taking, destructian. or loss in value, unless $orrower aad Lendcr aWerwise agree in wdting, We
<br />Miscellaneous Proceeds shall be applied to the sums secured by tqis Securiry Instrument whether or not the sums are theu due.
<br />If the Property is abandoqed by Bprrower, or if, after notice by L.ender ta Barrower that the Oppasing Parry (as defined
<br />in the next sentence) offers W make an award to settle a claim far damages� Borrower fails to respond to Lender within 30 days
<br />atter We date t6e notice is given, Le�er is suthorizcd w collect a�d apply the Miscellaneous Praceeds either w restoratioa or
<br />repair of the Propecty or to the s�tns secured by this Security Iostcu�uent, whether or nat then due. "Opposing Party" means
<br />the third party that owes Borrower Miscella�ous Proceeds or the paciy against whom Borrower has a right of action in regard
<br />W Miscellaneous Proceeds.
<br />Borrower shall be in defauit if any action or proceeding� whether civil ar cri�nnniaal, is beguu that, in Lender's judgtnent,
<br />could result in forfeiture oF the Property or ather material impairment of Lender's interest in We Property or rigtus under chis
<br />Security Insmiment. Barrower can cur� such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
<br />causing We auion or proceeding to be dismissed with a ruliag that, in Lender's judgment, precludes forfeiture of tbe Properry
<br />or ather material impairmeut of Lender'a interest iu the Praperry or rights under this Securiry Instcwneu[. The proceeda of any
<br />award or claim for damages that are auributable to the impairment of Le�er's interest in the Praperty are hereby assigned and
<br />shall be paid W Lender.
<br />All Miscellapeous Proceeds that are pot applied w restnratioa or repair of We Property shall tse applied ia the order
<br />provided for ia Section 2.
<br />1Z. Borrower NM Released; F�bearance By Lendc�r Nat a Waiver. Extension oF the time for payment or
<br />modi�cation of amortization of the su�ns secured by this Security Instrument grauted by Leuder to Borrower or any Successor
<br />in luterest of Borrower shatl uat operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
<br />shall not be required to commence praceedings against auy Successor in Interest of Borrower or to refuse W extend time for
<br />payment or otherwisc modify amortizatian of the sums secured by tltis Secudty Instrument by reason of any demand made 6y
<br />We origiaal Borrower or any Successors in Interest oF Borrower. A� forbearapce by I.ender iu exercisiug any r�ht or remedy
<br />including, without limitation. Lender's acoeptance of paymeuts from t1►ird persons. entities nr Successors m Iaterest of
<br />Borrower or in amouuts less than the amount Wea due, shall aot be a waiver of or preclude the exercise of auy riglu or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Boupd. Borrawer coveuants and agr�ees that
<br />$orrawer's obligations and liability shall he joint and several. However, any Bormwer who casigns this Security Instrument
<br />but does not execute the Note (a "co-sigper"): (a) is co-slgning this Security Instrument only to mortgage. �raqt and convey tlae
<br />co-signec's interest in thc Pmperty under the tcrms of Wis Security Iastrument; (b) is not person�ally obligated W pay the sums
<br />secured by this Securiry Inctriuneut; and (c) agrees that Leqder and a�►y other Horrower can agree ta extend, modii�. forbear or
<br />make any accau�modat�ons with regard W We terms of this Security Instt�unaent ot the N�te withaut the co-sigaer's consent.
<br />Subj�ct ta the provislons of Section 18, any Successvr in Interest of Borrower who assumes Borrower's obligatious
<br />uadcr this Security Instrument in writiug, and is approved by Lemder, shall obtain all of Borrower's rights and heue�ts under
<br />this Securiry Instrumeu[. Borrower shall not be released from Horrower's o6ligations aud liabiliry under this 5ecurity
<br />Iattnunent udess Lender agrees to such release ia wrlting. 1'he coveaants aud agreements of tltis Security lnstrument shall bind
<br />(except as provided in 5ection 20) and benc�'it the successors and assigps of Lender.
<br />14. Lean Charges. I,.ender may charge Borr�wer fccs for servlces performed in couuection with Bnrrower's default,
<br />for We purpose of protecting Leuder's iuterest iu the Pr�perty and rights under this Security Instrument, including� but aot
<br />limited to, attorneys' fees, properry inspecdon and valuation fees. Iu regard w any ather fees, the absence of express authariry
<br />in this 5ecuriry [pstrument to charge a sPec�c fee to Harmwer sLall nat he construed as a prohipitiou on the charging af such
<br />fec. Lander may not charge fees that are expressly prohibit�d by this Security Instruutenc orby Applicable Law.
<br />If the Loau is subject to a law which sds maximum loau charges, and that law is final[y interpreted so that the interest
<br />ar oWer loan charges coltected or to be collected in conneq.iou with the I.,oan exr.e�d the permitted limits. then: (a) any such
<br />loan charge sqall be reduced by We �nount necess�y W reduce tb�e charge to We permiaed l'unit; aud (b) any supqs already
<br />collected from Borrower which exceeded permiued timits wlll be retl�qded to Borrower. Lender may choase ta make this
<br />refund hy reductng the principal awed under the Note or by making a direct payment to $orrower. If a refund reduces
<br />principal, the reduction will t�e treated as a partial prepayment without annY Pre�yment charge (whether or not a prepayment
<br />charge is provided for under the N�te). Borrower's acceptaqce of a�ry such refuqd ruade by direct payment t� Borrower will
<br />constitute a waiver uf any right of actiop Hormwer taai�ght have arising ouc of such overcLarge.
<br />15. Nocloes. All notices giveu by Sorrower or Lepder in conaectioa with this Securiry Iustrument must be in wcitiag.
<br />Any noticc W Borrqwer in connection with this Securiry Instrument shall be deelqed to have been given to Borrower when
<br />mailed by first class mail or when actually delivered to Borrower's nodce address if sent by other means. Nntice to any one
<br />Borrower shall constituce notice to all Borrowers udess Applica6le Law expressty requites otLerwise. The aotice address st�aall
<br />be t6e Properry Address unless $orrower qas designated a substitate uatice address by notice to Lender. Borrower shall
<br />prompqy notify 1.,eQder of Barrower's chauge of address. If L,epder specifies a procedure for reporting Borrower's change of
<br />address, then Borrower sbal! only report a chaqge af address through that speci�ed procedure. There m,ay be only ane
<br />designated notice address under this Securiry Instnupent at auy uue time. Apq notice to Leuder shall be giveq by delivering it
<br />or by mailing it by �rst class mail W Lender's adciress stated herein ualess L.ender has designated another address by aotice to
<br />Barrower. Any notice in conuection with thia 5ecurity Iastnunent shatt tat be deemed to ttave been given W Lender until
<br />actually reccived by Lender. If auy notice required by this Security Instrumeat is also t�equired under Applicable Law, tpe
<br />A�plicable Law requirement will satisfy the corcesponding requiremept under this Security Instrument.
<br />16. Goverdn� L�aw; Scvetal�lity; Rules of Constructfon. This Secnrity Ipstrumem shall be governed by federal law
<br />and the law of the junsdiction iu which the Property is located, A(1 rights and obligatians contained in this Security Instrument
<br />are sub,iect to any require�nents a� timitations af Applicable Law. Applicahle I,aw migl�t explicitly or inn�licitly allow tl�e
<br />paRies ta agree by contract or it nnight be silent� but such silence shali not be construed as u prohibitiop against agree�ntent by
<br />contract. In the event th�t any provision or clausc of this Security Inswment or the Note coqflicts wiW Appticable Law, sucd
<br />conftict shall not affect other pmvisions of this Securiry lostrument or We Note which can be given effect without We
<br />contlicting provision.
<br />As used in this Security Iustrument: (a) words of the masculit� gender shall mean aud include corresponding neuter
<br />words or words of the feminine gender; (b) words in We siagular sl�all mean ancl include tho plucal aud vice versa; and (c) the
<br />word "may• gives sole discretian without any obligation tn talce apy action.
<br />1'7. Bor�rower's Copy. Borrower ahall be given oue copy of the Note aud af this 5ecurity lnstrument.
<br />18. �ansfer af t4e Prop�ty ar a Benetidsl Lttet�t in Botrowet�. As used ia this Section 18 "Interest in the
<br />Prop�rty" meaus any legal or bepe�cial interest in the Prnpecty, iacluding. but not limited co, t�ose beneficial iuterests
<br />traasFerred in a bond for deed, coqtract f�r deed� installmeat sales coptract or escrow ag�ceement, the intent of which is We
<br />transfer of tide by Borrc�wer at a fnture date to a purchaser.
<br />If si! or any part of the �'nperty or any Iqterest in the Property is snid or tranaferred (or if $orrower is not a natural
<br />�ecsou and a bene�ciat interest in Barrower is sold or transferred) wlthout Lenrler's prior written consent, C,ender may require
<br />unmediate payment in full of all sums secured by this Sesurlty Instrument, However, this optiaa shall not be exercised by
<br />I,cnder if such exercisa is prohibit�d by Applicable Law.
<br />NEBRASKA—Single Family—FsnM� MeelFrod�� Meo UMIF�RM INS7'RUMENT Form 3028
<br />Bank� SyK�rtu. lrq.. St. Clwd. MN Form Mp-1-NE l/77/�D00 �� s � ' ��, � ��t /�
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