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2oii000�3
<br />In the event of a partial taking, destruction, or los� in value of the Property in which thc fair market value of tl�e
<br />Property irnmediately before the partial t�king, destruction, c�r lo5s in value is equal to or greatec than the amount of the sums
<br />secured by this S�curity Instrument immcdiately before the ��artial t�king, dest.ruction, or loss ill V�l�L1C, unless 13orrower and
<br />Lender otherwise agree in writing, the sums s�cured by this Sccurity 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 divicled by (b) the fair market value of tlle Property immediately beforc the partial
<br />taking, destruction, or loss in value. Any balance shall be paid to Tic�rr<>wer.
<br />In the event of a partial taking, destruction, or lo5s in value crf the Properly in which the fair market valuc; of the
<br />Property immediately before the partial taking, destructic�n, or loss in value is less than lhe �mount of the sums s�curcd
<br />immediately before the partial taking, destruction, or lnss in value, unless Borrower and Lender othcrwitie �gree in writing, the
<br />Miscellaneous Proceeds shall be applied to the sums secured hy this S�curity Instrument whether or nc>t thc sums are then due.
<br />If the Property is abandoned by Borrower, or if, ��fter notice by Lender to T3<>rrower that thc Opposing Party (as clefined
<br />in the next sentence) offers to make an award to settle a claini for damages, F3orrower fail� t<� resPcind tn Lender within 30 clays
<br />after the date the noticc is givcn, Lender is authorizecl tu collect �nd apply the Miscellaneous Prc�cecds eilher to restoration ur
<br />repair of the Property or to the sum5 secured by this Security Inslrun�cnl, whether or not then due. "Opposin� Party" n�e�ns
<br />the third party that owes Borrower Miscellan�ous Proceeds or the party xgaintit whc�m k3orrower has a right of actic>n in rega�•d
<br />to Miscellaneous Proceeds.
<br />I3nrrower shall be in default if any acticm or prcicccding, whether civil or criminal, is begun that, in Lender's judgment,
<br />could result in forfeiture of the Property or other material impairment of I.,ender's intere�t in the Properly or rights under this
<br />Security Instrument. Borrower can cure tiuch a det'ault and, if acceleration has occurred, reinstate as provided in Section 19, by
<br />causing the action or ptoceeding to be dismissed with a ruling th�t, in Lender's judgment, precludes forfeitt�re of the Prc>perty
<br />or other rnaCerial impairment of Lcndcr's inkerest. in the F 'r��perly or rights i.indcr this Security I�istrux��ent. The proceecls of �ny
<br />award or daim for damages that are attributable to the impairment of I,ender's interest in the I'toPcrty �re hereby assigned an�l
<br />shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied tc� restoralion or tc:pair of lhe Property shall be applied in the c>rcler
<br />provided for in Section 2.
<br />12. Borrower Not ReleaSed; Forbearance By Lender Not a Waiver. rxtension of the time for payment or
<br />modification of amortization of the sums secured by this Security in�trument granted by I,ender tc� Borrower or any Successor
<br />in Interest of $orrower shall not operate to release the liability of Tiorrower c�r any Successors in Intereat of $orrower. Lender
<br />shall not k�e reyuircd to commence proceedings against any Successi�r in Interest of I3orrc�wer cir to rcfutie tc� extend time for
<br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made hy
<br />the original Borrc�wer or any Succcssors in lnterest of Borrower. Any forbearance by I,en�ler in exercising �iny right or remedy
<br />including, without limitation, Lender's acceptance of payments t�rc>m third pertion5, entitieti c>r Successo►•s in Interest of
<br />Borrower or in amounts less than the amount then due, shall not he a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Cu-signers; Successors and Assig��s �ound. Borrower covenants and agrees that
<br />Borrower's obligations and liability shall be joint and severaL F(owever, any T3orrc�wer who co-�igns ttais Sec;urity InstrumenC
<br />but does not cxecute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mrrrtgage, grant xnd convey thc
<br />co-signer's interest in the I'roperty under the terms of this Security Instrument; (b) is not personally c�bligated to pay I.he sums
<br />secured by this Security Instrriment; and (c) agrecv lhxl l,endcr and any c>ther Bc�r�'ciwcr can agt'�e tc� extend, m�dify, forbear or
<br />make any accommodations with regard to the terms of thi� Security Instrumcnt or the Nerie without thc co-sig►ler's cc�nsent.
<br />Subject to the provisions of Secticm 18, any Successor in IntcresL of F3orrower who atixumeti F3orrciwer's obligations
<br />under this Se�urity Instrumcnt in wtiting, and is apprc.�ved by Lender, shall obtain all of Borrower's rights and benefits under
<br />this Security Inst�rum�:nf. .�3nrrowear shall not he released from Borrower's c�bligations and liabitity un�ler this Security
<br />Instrument unless Lender agrees to such release in writing. 1'he covenants and agreements of this 5ecurity Instn�ment shall bind
<br />(except as provided in Section 20) and benefit the successc�rs and assigns of I.,ender.
<br />14. Loan Charges. I,ender may charge Borrower fees for services performed in connection with Borrowcr's default,
<br />for the purpose of protecting Lender's interest in the Propetly and right� under this Security Tnstrument, including, but not
<br />limited to, attorncys' fees, property inspection and valuation fees. In regard to any other fees, tt�c ahsence of express authority
<br />in this Security Instrument to charge a specific fee to $c>rrower shall not be ennstrued as a Pcolaihitic�n on the charging of s�.�ch
<br />fee. Lender may not charge fees that are expressly prohibilcd by this Securit.y Instrument c�r hy ApPlicahle I,<<w,
<br />If thc Loan is subjcct to a law whicl� scta maximum loan charges, and that law is finally interpreted so that the interest
<br />or other loan charges collected or tc� be cc>llected in connectiun with the Loan exceed the permitted limits, then: (a) any such
<br />loan chargc shall be reduccd by the amcnint necessary to reduce the charge to the permitted limit; and (b) any sums already
<br />collected from Borrower which exceeded permitted limitti will t� refundcd to f3c�rrower. i,ender may choo�e to make ihis
<br />refund by reducing the principal owed tmder the Note or by making a direct paymenf io Borrc7wcr. If a tel�und reduccs
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whethcr c�r not a PrePaymenl
<br />charge is provided for under the Note). $orrower's acccptancc of any such refund made by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might l�xvc ariaing c>ut of such overcharge.
<br />15. Notices. All notices given by 13orrower or Lendcr in connection with this Security Instrument must be in writing.
<br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have bccn �ivcn to Borrower when
<br />mailed by firsc class mail or when actually delivered to Borrower's notice address if scnt by othcr mean�. Ncitice to any cine
<br />$orrower shall constitute notice to all F3orri>wers unless Applicable Law expressly reyuireti otherwise:. The notice address shall
<br />be the Property Adclress unless 13orrower has design�t.ed a tiiibtititut.c notice acldress by notiee to Lender. 13orrower �i��rr
<br />promptly nc�tify I.ender ot I3orrower's change of address. If Lender specific� a procedure for reporting Borrower's change of
<br />address, lhen Borrower shall only report a change of address through thal 5pecified proceclure. There may be only on�
<br />designated notice address under this Security lnstcument at any one time. Any notice to Lender tihxll tx; given by clelivering it
<br />or by mailing it by first class mail to Lendcr's adclress stated herein unless Lender ha� dcsignatc�l anc�ther address by notice to
<br />Borrower. Any notice in connection with this SecuTity instr��ment shall not be deemed to have been given tc� Lencler until
<br />actually received by Lender. If any notice required by this 5ecurily Inslrument is also reyuired under Applicable Law, th�
<br />Applicable Law requirement will satisfy the corresponding requirement under thi� Security Instrument.
<br />16. Governing Law; Severability; Rules of Constri�ction. '1'his Security instniment shall be governed by fcder�l law
<br />and the law c�f the jurisdiction in which the Properry is located. All rights and obligations containcd in this Security Instrument
<br />are subjcct to any reyuirements and limitations c�f ApPlicablc i,aw. Applicable Law might �xplicitly or implicitly all�w the
<br />parties to a�ree by c�mtract or it might be silent, hut such silence shall not he cci��5truecl as x prc�hibition against. agrcanenl hy
<br />contract. In the event lhat any provision or clause of thi� Sccuril.y Intitrurnent or the Not.c conilicts with Applicalile Law, such
<br />conflict shall not affect othcr provisions of this Securily Instrument or the Note which can be given effect without Qic
<br />cont7icting provision.
<br />As used in this Security lnstrument: (a) words nf the masculine gendcr �hall mean and includc corretipc>ncling neuter
<br />words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vicc versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take any actic�n.
<br />17. Borrower's Copy. 13orrower shall be given one copy of the Notc and c�f this Security Instrument.
<br />1$. Transfer af the Property or a Beneficial Interest in Borrower. As used in this Section 1$, "interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, thosc beneficial interests
<br />transferred in a bond fnr deed, contract for dced, installment sales contract c�r escrow agreemenl, the intent of which is the
<br />transfer of title by Borrower at a hrture dat.e to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sc�W c�r transferred (ot if Bc�rrower is not a nalural
<br />person and a be:neficial interest in $ortawcr is sold or transferred) without Lender's prior written consent, Lendcr may require
<br />immediate payment in full of all sums secur�d hy this Security Instrument. tiowever, this c>ption shall not be excrciseci by
<br />Lender if such exercise is prohibited by Applicahle Law.
<br />NEBRASRA—Single Family---Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Bankers Systems, Inc., St. Cloud, MN Form Ml]-7-NF 8177l2000 (P�+X�' • �!l �P�rR���) __.....,....-
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