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20�oo945s
<br />In the eveut of a partial taking, destruction, or loss in value of the Praperty iu which the fair market value of the
<br />Property immediately before the partial taking, destructian, or loss in value is equal to or greater than the amaunt of the sums
<br />secured by this Securiry Iustrument immediatelq before the paRial tak'rng, destruction, or loss in vatue, unless Borrower and
<br />Lender otherwise agree in writing, the sums secured by this Security Instrurnent shall he reduced by the amount of the
<br />Miscellaaeous Proceeds rnultiplied by the following fraction: (a) the total arnaunt of the sums secured immediaCely befare the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately befare 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 valrre of the
<br />Property iinmediately before the partial takiug, destruction, or loss in value is less than the amount of the sums secured
<br />unmediately before the partial taking, destruction, or lass in valae, unless Borrower and Lender otherwise agree 'rn writing, the
<br />Miscellaneous Proceeds shall be applied to the surns secured by this Security Instrument whether or not the sums are [hen due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender ta Borrower thai the Opposing Party (as defined
<br />in the next sentence) offers ta make an award to settle a clairn for damages, Borrower fails to respoud to Lender withiu 30 days
<br />after the date the notice is given, Lender is aathorized to collect and apply the Miscellaneous Proceeds either to restoration or
<br />repair of the Property or to the sums secured by this Securiry Instrument, whether or not then due. "Opposing Party" means
<br />the third party that owes Borrawer Miscellaneous Proceeds ar the partq aga'rnst whom Barrower has a right of action in regard
<br />to Miscellaneous Proceeds.
<br />Borrower shall be in default if any actian or proceeding, whether civil or criminal, is begun that, in Leuder's judgment,
<br />could resutt in farfeiture of the Property or other material 'unpairment of Lender's interest in the PropeRy or rights under this
<br />Securiry Instrument. Borrower can cure such a defauit aud, if acceleration has occurred, reinstate as provided in Section 19, by
<br />causing the action or proceeding to be dismissed with a ruling that, in Lendex's judgment, preclndes farfeiture of the Property
<br />or other material impairment of Lender's iaterest in the Property or rights uader Wis Security Instrument. The proceeds of any
<br />award or claixn for d�nages 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 tbat xre not applied to restoration ar repair of the Property shall be applied in the order
<br />prbvided for in Section 2.
<br />12. Borrower Not Released; �"orbearance By Lender Not a Waiver. Extensioa of the time for payment ar
<br />modificatrou af amortization of the sums secured by this Securiry Instrument granted by Lender to Borrower or any Successor
<br />in Interest of Borrower shall not operate to release the liabiliry of Barrower or any Successors iu Interest of Borrower. Lender
<br />shall not be required to cammence proceediags against aay Successor iu Interest of Borrower or to refuse to extend time for
<br />payment or otherwise madify amortization of the sums secured by this Security Instrument by reasan af 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 />includ'rng, without limitation, Leuder's acceptance of payments fram third persons, entities or Successors in Interest of
<br />Barrower or in amnunts less than the amount then due, shall not be a waiver of or preclude the exercise of any right ar remedy.
<br />13. doiut and Several Liability; Casigners; Successars and Assigns Bound. Borrower covenants and agrees that
<br />Borrower's obligations and liability shall be joint aud several. However, auy Borrower who co-signs this 5ecurity Instrument
<br />but does not execute the Note (a "co-signer"): (a) is co-si�ning this Security Instrumeat only to mortgage, grant and convey the
<br />ca-signer's interest in the Praperty under the terms of this 5ecuriry Instrurnent; (b) is not personally obligated to pay the sums
<br />secured by this Securiry Iustrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
<br />nnake any accommodations with regard to the terms of this Securiry Instruxnent or the Note without the co-signer's consent.
<br />Subject to the provisious of Section 18, any Successor iu Interest of Borrawer who assumes Barrower's abligatious
<br />under this Securiry Ipstrument in writ'rng, and is approved by Lender, shall obtaiu all of Borrawer's rights and benefits under
<br />this Securiry Instrumen[. Borrawer shall not be released from Borrower's obligations and liabiliry under this Security
<br />Instrumeut uniless Lender agrees to such release in writiag. The covenants and agreemeuts of this Security Instrurnent shall bind
<br />(except as provided in Section 20) aud benefit the successors and assigps of Y,ender.
<br />14. Loan Charges. Lender may charge Barrower fees Por services performed in connection witti Barrower's default,
<br />for the purpose �f protecting Lender's intecest iu the PropeRy and rights under this Securiry Instrument, including, but not
<br />l'united to, attorneys' fees, property inspecCion and valuation fees. In regard to any other fees, the absence of express authority
<br />in this Security Instrument to charge a specific fee ta Borrower shall not be construed as a prohibition an the charging of such
<br />fee. Leuder may nat charge fees that are expressly prohibited by this Securiry Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets rnaxirnum loaa charges, and that law is fivally interpreted so that the interest
<br />or ather loan charges collected or to be collected in connectiou with the Loan exceed the permitted limits, then: (a) any such
<br />laan charge shall be reduced by the amount necessary to reduce the charge to the pernnitted Limit; and (b) any surns already
<br />collected from Borrower which exceeded permitted lirnits will be refuuded to Borrnwer. Lender may choose �o make this
<br />refund by reducing the principal owed under the Note or by making a direct payrneut ta Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepaymeut without any prepayment charge (whether or not a prepayment
<br />charge is provided for under the Nate). Borrower's acceptance of any such refuud tnade by direct payrnent 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 canaection w'rth this Security Instrument must be in writing.
<br />Any notice to Borrower in couuection with this 5ecuriry Instrument shall be deemed to have been given to Borrower whea
<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 sha11 constitute potice to �IL Borrowers unless Applicable Law expressly requires otherwise. The notice address st�ll
<br />be the Property Address unless Borrower has designated a substitute natice address by notice to Lender. Borrower shall
<br />promptly notity Lender of Borrawer's change of address. If Lender specifies a procedure for reparting 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 />designaied natice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it
<br />ar by mailing it by first class mail to I,ender's address stated herein unless Leuder has designated auother address by notice to
<br />Borrower. Any notice in connection with this Security Instrumeut sha11 not be deemed to have beea 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 Securiry Instrument.
<br />16. Gaveruing Lavv; Severability; Rales of Construction. This Securiry Instrument shall be governed by federal !aw
<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 limitatiops of Applieable Law. Applicabte Law might explicitly or implicitly allow the
<br />parties to agree by contract or it might be silent, but such silence shall not be caustrued as a prohibition agaiust agreement by
<br />contract. In the event that any provision or clause of this Securiry Instrument or the Note conflicts with Applica6le l.aw, such
<br />conflict shall not afFect other provisions of th'rs Security Instrwnent or the Note which can be giveu effect without the
<br />conflict'rng provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding ueuter
<br />wards or words of the feminine gender; (b) words in the singular shall meau and include the plural and vice versa; and (c) the
<br />word "may" gives sole discretian 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 Benet5cial Interest in Borrower. As used rn this Sectio❑ 18, "Interest in the
<br />Property" rneans auy legal or beneficial interest in the Properry, 'rncluding, hut not litnited to, those beaeficial 'rnterests
<br />transferred in a bond for deed, contract for deed, installment sales coutract or escrow agreement, the intent af which is the
<br />transfer of ti[Le by Borrawer at a futare date to a purchaser.
<br />If all or any part af the Property or auy Iuterest in the Property is sold or transferred (or if Horrower is not a uatural
<br />person and a beneficial interest in Bocrower is sold or transferred) without Lender's prior written consent, Lender rnay require
<br />unmediate payment in full of all sums secured by this Security Instrurnent. However, this option shall not be exercised by
<br />Lender if such exercise is prohibited by Applicable Law.
<br />NEBRASKA—Single Family—Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT Form 3028 1/07
<br />Banksrs Syst�ms, Ino„ Se. Cloud, MN Form MC7•1-NB 8/17/2000 (pn,qe 5 of 7pagP.$)
<br />, � g �K . P !, L .
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