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201008858
<br />ln the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediately b�fore the partial taking, destruction, or loss in value is equal to or greater than the amount
<br />of the sums secured by this Security lnstrument immediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and l,ender otherwise agree in writin�, the sums secured by this Security Instrument shall be
<br />reduced by the amount of the Miscellaneous Proceeds multiplied by the f'ollowin� fraction: (a) the total amount of
<br />the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
<br />value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
<br />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
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds shalt be applied to the sums secured by this 5ecurity Instrument
<br />whether or not the sums are then due.
<br />If the Property is abandoned by Barrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an award to settle a claim for dam�►ges, Borrower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br />Froceeds either to restoration or repair of the Property ar to the sums secured by this Security Instrument, whether or
<br />not then due. "Opposin� Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against �uhom C3orrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that,
<br />in Lender's jud�ment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
<br />Froperty or rights under this Security lnstrument. 'I"he proceeds of any award or claim for dama�es that are
<br />attributable to the impairment of Lender's interest in the Froperty are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous 1'roceeds that are not applied to restoration or repair of the Property shall be applied in
<br />the order provided for in 5ection 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
<br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
<br />I3orrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
<br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
<br />Interest of $orrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured
<br />by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
<br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, t,ender's
<br />acceptance of payments from third persons, entities or 5uccessors in lnterest of Borrower or in amounts less than the
<br />amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint antl Several Liability; Co-signers; Successors and Assigns Sound. Borrower cpvenants and
<br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this
<br />Security Instrument but daes not execute the Note (a "co-signer"); (a) is co-signin� this Security Instrument only to
<br />mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is
<br />not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
<br />other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this
<br />Security Instrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
<br />NEBRASKA-Single hamily-Fannic Mac/Freddic Mac UNIFORM INS'rRUMEN'1' Form 3U281/Ol
<br />G(N H;) (081 I) Page 9 of 1 S
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