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`a ' <br />� ' zoioos�54 <br />In the evenl of a partial taking, destruction, or loss in value of the PropeRy in which the fair rnarket value of the <br />Propert.y untnediately hefnre the partial taking, destruction, or loss ia value is equal to or greater than the �►mount of the sums <br />secured by [his Security lnstrument im�ntediately before the partial taking, destruction, or loss in value, unless Borrowcr xnd <br />Lender otherwise agree in writing, the surns secnred b.y this Securiry..,Ipst;wnent shall be reduced by Che amount nf the <br />Miscellaneous Proceeds multiplied by the following r fraction: (a) the total amount of the sums secured 'unmediately hefore t.he <br />partial t<tking, destruction, or loss in value divided by (b) the fair inarket value of the Property ixnmediately before the partial <br />taking, destruction, or loss in value. Any balance sha11 be paid to Bdrrower, <br />In the event of a partial taking, destruction, or loss in value of the Property in which the farr market value of the <br />Property imrnediately before the partial taking, destruction, or loss iu value is less than tlxe amc�unt of the sums secured <br />immediately beForc the partiat taking; destruction, or loss in value, unless Borrower and Lender otherwise agree iu 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 13orrawer, or if, after notice by Lender to I3orrower that the �pposing Party (as defined <br />in the next senteuce) offers to makc an award to settle a claim for dainages, Borrower fails to respond to Lender within 30 days <br />afcer the datc the notice is given, I,ender is authorized to cnllect and apply the Miscellaneous Proceeds eithcr to restaration or <br />repair of che Property or to che sums secured by this Security Instrurnent, whelher or not then due. "Upposing Party" means <br />the third party that owes Bnrrower Miscellaneous Proceeds or the party agaipst whom 13orrower has a ri�ht of action iu regard <br />to Miscellaneous Procccds. <br />Bnrrower 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 Propert.y or ri�hts under this <br />Security Inslruinent. ]3orrower can cure such a default and, if acceleratiou has occurred, reinstatc as provided iu Scction 19, l�y <br />causing tt�e action or proceeding to be disrr�issed with a ruliug th�t, in L;e�iier's judgttTent, precludes forfeiture of lhe Property <br />or other material impairmenC of Lender's interest in the Property or rights under this Security Iustrument. The proceeds of any <br />award or claim for damages that are attributable to the rmpairment of Lender's interest in the Property are hereby assigned and <br />shall be paid to Lender. <br />All Miscellaueous Proceeds that arc nat applied to restoration or repair of the Property s}�Il be applied in Che order <br />prnvided for in Section 2. <br />12, Borrower Not Released; Forbearance $y Lender Not a Waiver. Extension of the time for payment or <br />modification of amortizatiou of the sums secured by this Security Instrument granted by Lender ta Borrower or any Successor <br />in lnt.erest of Borrower shall not operate to release the liability of Borrower or any Successors in Inierest of Borrower. Lender <br />shall not he required to enmmence proceedings against any Successar in Interest of Borrower or to refuse to exlend tune for <br />payment or otherwise modify amortization of the surns secured by this Security Instrument by reason of any demand made by <br />lhe original Borrower or any Successors in Interest of Borrower. Any forbearance hy Lender ia exercising any right or remedy <br />including, without Irmitalion, Lender's acceptance of paytnents from third persons, entities or Successors in Interest of <br />Borrnwer or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any rigltt or remedy. <br />13. Joipt and Several Liability; ` Co-signers; Successors aad Assigns Bound. Borrower covenants and agrees that <br />Borrower's obligations and liability shall be joint and several, However, any Borrower whn cn-signs this Security Instrument <br />but does not execuie t.he Note (a "co-signer"); (a) is co-signing this Security Instrument only to mortgage, grant and couvey 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 (c) agrees that Lender and any other Borrower can a�ree to extend, modify, forbear or <br />rnake any accommodations with re�ard lo the terms of this Secnrity lnstrument or the Note wxthout the en-signer's consent. <br />5ubject to the provisrons af Sectron 18, any Successnr rn Interest of Borrower who assumes Borrower's obligations <br />under this Securit.y Instrument in writipg, and is approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Sccurity Inst.rument. Borrower shall not he released from Borrower's abli�ation�ti and liability upder this Secnri[y <br />lnstrument unless Lender agrees to such release in writing. The covenauts and agreements of this Security Instrument shall bind <br />(except as provided in Section 20) and benefit the successors and assi�ns of Leuder. <br />14. Loan Charges. Lender may charge .$orrower fees for services performed in connection with Borr�wer's <br />__. <br />for the purpose of protecting Lender's interest in the anci rig�ts uuder thi§ Securiry�Instrumeut, including, but not <br />limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express autqority <br />in this Security Instrument to charge a specific fee to Borrower sh�tll not be construed as a prohibition on lhe charging of such <br />fee. Lender may not charge fees that are expressly prohibited by this Securiry Inscrument or by Applicable Law. <br />if ihe Loan is subject to a law which sets maximum loau charges, and that law is finally interpreled so that the interest <br />or othcr loan charges collected or to be collected in conuection with the Loan exceed the permitted limils, then: (a) any such <br />loan charge sh�►ll be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already <br />collected from Fiorrower which exceeded permitted limits will be refuuded to Borrower. Lender may chonse to make this <br />refund by reducing the principal owed under ttae Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the rcduction will be [reated as a partial prepayment withont any prepayment charge (whether or not a prepayment <br />charge is prnvided for under the Note), �3orrower's acceptance of xny such refund made by direct payment to I3��rrawer will <br />const.itute a waiver of any right of action I3orrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Securily lnstrument must be in writing. <br />Any not'rce to Borrowcr in connectiou with this Security Instrument shall he deemed to have been given to Borrower when <br />mailed by first class mail or when actually delivered to $orrower's notice address if sent by nther means. Notice to any one <br />�3orrower shall const.itute notrec to all Borrowers unless Applicable L,aw expressly requires otherwise. 'I'he notice address shall <br />be the Property Address unless Borrower has designated a substitute notice address by uotice to i,euder. Borrower shall <br />promptly not.ify Lender c�f Borrower's change nf address. If Lender specifies a procedure for report.ing Borrnwer's change of <br />address, theu Borrower stu►ll only report a change of address thraugh that specified pracedure. Therc may be nnly one <br />designated notice address under this Security Instrument at xny one time. Any nntice ta Lender shall be given by delivering it <br />or by mailing it by first dass mail to Lender's address stated herein unless Lender has designated another address by notice to <br />Borrower. Any notice in conpection with this Security Instrument shall uot be deemed to have been given lo Lender until <br />actually received by Lender. If any notice required by this Security Instru.ment is also required under Applicable Law, the <br />Applicable Law requirernent will satisfy the corresponding requirement under this Security instrumenl. <br />lb. Governing Law; Severability; Rales of Construction. This Securiry Instrument shall be governed by federal law <br />and the law of the jurisdiction in which the Property is located, All rights and oblrgxtions contained in thiti Security Tnstrument <br />are snbject to any requirements and limitatinns of Applicable Law. Applicable Law might explicitly or implicitly allow the <br />parties to agree hy coutract or ic might be silent, but such silence shall not be construed as a prohibition against agreeinent by <br />contracl. In the event lhal any provision or clause of this 5ecurity Instrument or the Note conflicts with Applicable Law, such <br />conflict shall not affect olher provisions of this Security Instrument or the Note which can be given effect wilhout the <br />conflictittg provision. <br />As used in this Security Instriunent: (x) words of the rnasculine gender shall rnean and include coerespondiug neuter <br />words or words of thc feminine gender; (b) words in lhe singular shall mean and include the plural and vicc versa; aud (c) the <br />word "may" �ives sole discretion without any obligation to take any action. <br />17. $orrower's Copy. Borrower sh�►Il be given one copy of the Note and of this Security Instrument. <br />18. Transfer of the Property oc a Bene�cial L�terest in Borrower. As used in this Section 18, "Interest in the <br />PropeRy" nieans any le�al or heueficial interest in the ProperCy, including, but not limited ta, those beneficial interests <br />transferred in a bond 1'or deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the <br />transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Properly or any Interest. in the Property is sold or transferred (or if Borrower is aot a natural <br />persou and a beueficial interesC in Borrower is sold or tran5ferred) without Lender's prior written consent, Lender may reqnire <br />unmediate payment. in full af all sums secured by this Security Instrument. However, this aption shalt noC be exercised by <br />Lender rf such exercise is prohibiled by Applicable T_,aw, <br />NEeRASKA—Single Family—Fannie Mae/Freddie Mac UNIFDRM INSTRUMENT Farm 302$ 7/07 <br />Bankers Systems, Inc., St. Clvud, MN Form M�-1-NE 8/17/2000 (page ,S Of 7pages) <br />. �� <br />