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<br /> 20/009186
<br /> In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
<br /> Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums
<br /> secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br /> Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the
<br /> Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately' before the
<br /> partial, taking, destruction,` or loss in value divided by (b) the fair market value of the Property immediately before the partial
<br /> taking,- destruction; "or, loss in value: Any balance shall be paid 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'the
<br /> Property immediately :before the partial taking, destruction; or loss in value is less than the amount of the "sums secured
<br /> immediately before the partial taking, destruction, or loss. in value, unless Borrower and Lender, otherwise agree in 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 Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined
<br /> in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days
<br /> after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
<br /> repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means
<br /> the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard
<br /> to Miscellaneous Proceeds.
<br /> Borrower 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 Property or rights under this
<br /> Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate. as provided, in Section 19, by,
<br /> causing the action,.or proceeding to be dismissdd with a ruling that, in Lender's judgment, precludes forfeiture of the Property
<br /> or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
<br /> award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
<br /> shall be paid to Lender.
<br /> All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
<br /> provided for in Section 2,
<br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor
<br /> in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
<br /> shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for
<br /> payment or otherwise modify amortization of the. sums secured by, this.. Security Instrument by reason of any demand made by
<br /> the original Borrower or any Successors in Interest of, Borrower. Any forbearance. by Lender in exercising any right: or remedy
<br /> including; without limitation, Lender's acceptance of payments from ;third persons, entities or,;Successors in .Interest-,of
<br /> 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.:;
<br /> 13, Joint. and Several Liability; Co-signers;, Successors, and,,Assigns ; Bound.. Borrower covenants and agrees that
<br /> Borrower's obligations and liability shall be joint and lseveral:, However, any Borrower. who co-signs this Security. Instrument-
<br /> but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey 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 agree to extend, modify, forbear or
<br /> make any accommodations with regard to the terms of this 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 obligations
<br /> under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under
<br /> this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br /> Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind
<br /> (except as provided in Section 20) and benefit the successors and assigns of Lender.
<br /> 14. Loan: Charges. Lender may. charge Borrower fees for services performed in connection with: Borrower's default,
<br /> for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not
<br /> limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority
<br /> in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such
<br /> fee. Lender may not charge fees that are expressly prohibited by this Security Instrument .or by Applicable Law.
<br /> If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
<br /> or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such
<br /> loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
<br /> collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to 'make this
<br /> refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces.
<br /> principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a 'prepayment
<br /> charge is provided 'for under the Note). Borrower's acceptance, of any such refund made by direct payment to Borrower will
<br /> constitute a waiver of any right of action Borrower, might have arising out of such overcharge.
<br /> 15. Notices: All notices given'' by Borrower or Lender, in connection with this Security Instrument- must be in writing.
<br /> Any notice to Borrower in connection with this Security Instrument shall be' deemed to have been given to Borrower when'
<br /> mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one
<br /> Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall
<br /> be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall
<br /> promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
<br /> address, then Borrower shall only report a change of address through that specified procedure. There may be only one
<br /> designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it
<br /> or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to
<br /> Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until
<br /> actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the
<br /> Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
<br /> 16. Governing Law; Severability; Rules of, Construction. This Security Instrument shall, be goyerned by federal law
<br /> and the 'law of the jurisdiction in which the Property is located.' All rights and obligations contained in. this Security Instrument
<br /> are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
<br /> parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by
<br /> contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
<br /> conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the
<br /> conflicting provision.
<br /> As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
<br /> words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br /> word "may" gives sole discretion without any obligation to take any action.
<br /> 17. Borrower's. Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br /> 18. Transfer of the Property or a Beneficial Interest in' Borrower. A's u'dd"in this Section '18, "Interest in the
<br /> Property" means any legal 'or beneficial interest, in the Property, including, but not limited to, those beneficial interests
<br /> transferred in a ljopd for'deed, contract for deed, installment sales contract or escrow agreemenC; the intent of whiph is the
<br /> transfer of title by Borrower at a future date to a purchaser.
<br /> If all or any Oart of the Property or any interesi' in the Property is sold or transferred (or`if Borrower is not 'a natural.
<br /> person and a beneficial interest in Borrower is sold or transferred) without Lender's prior'written'consent, Lender may require
<br /> immediate payment in full of all stems secured by this Security Instrument. However, this option shall not be exercised by
<br /> Lender. if such exercise is prohibited by Applicable Law.
<br /> NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT rm A48 111///0.1
<br /> Bankers Systems, Inc., St. Cloud, MN Farm MO-1-NE 6/1712000 (page S of 7pages) i-
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