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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 /� <br />4fP'7 / <br />U�� <br />