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20i10U'2;� <br />451019237 <br />In thc cva�t of a partial tal<ing, dcstruction, or loss 111 V1lIUC Ot tI1C PCOY7CI'ty lll WI11CI1 thc fair markct valuc of thc <br />PC0�7G1'[y 11771T1CC�laT��Y k)ttOCC 1I1� �81't11� t aking , destruction, nr lnss in value i5 less than thc f1t17011[lt Ot T�l� ti�It715 Sk,CL1CGd <br />immediately befnre the partial taking, destrGrction, or loss in value, unless Borrnwer and Lender otherwise a�ree in writing, the <br />Misccllaneous Procceds shall bc tiIJpI1C(I f0 tI1C 5LIIIlS 9CCU1'CLj I7y tI]IS SCCUfIty II15Yt'LI111CI1t W}iCtI1Cf OC IIOt tI1C SLIlllS 3fC tI1Ct1 C�IIC. <br />if the Pro�erty is abanclnned by Borrower, or if, after notice by Len�ler to Borrower that the Opposin� Party (as de�ned in the <br />next sei�tence) nffcrs tn make ��n award to scttic a claim for dama�es, Borrawer f f11IS t0 1'Cti�)OI1C{ t0 LCIlLICI' Wltlllll 3O Ll ays attcr <br />the d BtC t}1C 110tICC IS �TIVCII, Lcnder is 'cl11H101']ZCCI t0 GOII�CL i111CI apply thc Miscellancous Proceeds either tn restc�ration or repair <br />of thc 1'roperty or to thc si.uns sccurecl by ll�is Security Tnstrumenl, whether or not then due. "Upposing I'arty" n�eans the third <br />party that owcs 13orrowa' Miscellaneous Proceeds or the party against whon� Borrowcr has a righi of lction in regarcl to <br />Miscellaneous Procccds. <br />Borrower shall be in default if any action nr ��roceedin�, whether civil or crin�inal, is bcgun that, ii� Lender's judgment, <br />could result in forteiture c�f the I'roperty or other material in�pairmcnt of Lcnder's interest in the Property or rights wldcr this <br />Security Instrumcnt. Borrowcr can cure such a �IefatilY ai�d, if acceleration has occurrai, rcinslate as provi�leJ in Section 19, by <br />ca�isii�g thc aclion or l�rocecding to bc dismisscd with a ruling that, in I.ender's,judgment, precludes forfciturc of the Yroperty <br />or other n�atcrial impairment of I.,eiuler's interest in the Property pr rights undcr this Sccurily Instr�unent. The procecds of any <br />award rn� claim for damagcs that arc attributablc to thc impairn�ent of I.en�ier's inCereat in the Property arc hcrcby assigned <<nd <br />shall bc paid to Lcndcr. <br />All Misccllaneous Proceeds that are npt applied tn rest��ration or repair of thc Property shall l�e applied rn the order <br />provided for in Secfion 2. <br />12. Snrrower Not Releused; ForbearAnce 13y Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of thc sums sccured by fhis Security Instrument �ranted by Lendcr to f3orrowcr or any Successor <br />in Intcrest of Borrower sl�all nnt nper�te tn release thc liability of Borrowcr or any Successors in Tnterest of Borrowcr. Lcndcr <br />shall not be required to commcncc procccdings against any Successor in interest of Borrowcr or to refuse to exiend time for <br />payinent or othcrwisc modify amortization pf the sums secured by this Scci.irity li�sh'ument by reason of �iny dcmand madc by <br />the original Borrower pr any Succcssors in Interest ot�$orrower. Any ti�rk�carance 6y Lcndcr in exe�'cisin� �ny right pr remedy <br />including, without limitalion, C� e11CIl',Y�S 1GCt%�t1I1CC Ot �7Sy111CI1T5 tC011] tllll(I pC:CS0i15, 0I1tItICS OI' SUCCCSSOCS 111 Inte� of <br />I301'IOW(:1' OY 111 c711"IOLlIlTS �GSS t}l�l.11 tI1C 81110U17t tI1C11 (Illf: 5h�ll iiot be a waiver of or precludc the exercise nf �ny ri�ht or remedy. <br />13. Joint und Several I,iability; Co-signers; Successors und Assigrts Bound. Borrowcr covcnants and agrees that <br />t3orrower's obligations and liaUility shall be joint and several. However, any Borrower who co-signs this Security Instrumcnt <br />but does not exccutc thc Note (a "co-si�;ner"): (a) is co-signing this Sccurity Instr�nr�ent only to inortgagc, grant and convey the <br />co-signer's interest in the Propa•ty undcr thc terms of this Security instrurrient; (b) is not l�crsonally oUligated to pay the sums <br />sccurcd by this Sc:curity Tnstrument; and (c) agrecs that L,cndcr and any ntl7er Bprrower can agrce to cxtcnd, modify, forhe�r or <br />mnke �tny accornmodations with rc�ard to N�e fer��is of this Security instriunent or thc Nole without the co-signcr's conscnt. <br />Subject to the prnvisions of 5ection 1 S, any Successor in interest of Borrower who assumes Borrower's obligations <br />undcr this Security Insfrurnent in writing, and is approvcd by Lencier, shall obtain FlII Ot L�UI CI�;II[R 1I1CI �lCI1CfIt5 UIICICI <br />this Security Instrument. Borrower shall not bc released k�rorn Borrower's obligations 1nd liability undcr lhis Security <br />Instr�uncnt �inless Lcnder agrees to such rcicase in wrifing. The covenants and a�;reerrients of this 5ccurity Instrume��t shall <br />brnd (except as prnvided in Section 20) nnd benefit the succcssors and assibns oFLender. <br />14. Loan Charges. Lender may charge f3orrower fces tor services ��erformcd in connection with Borrower's dcfault, <br />for the purpnse of protccting Lender's inlerest in thc Property �ind righls uncler this Sccurity Instrument, including, but not <br />limitcd to, altorneys' fees, property inspcction and valuation 1ees. Tn regard to any other fees, lhe ahsencc of express authority <br />in this Security Instrumcnt to charge a specific fee to Borrowcr shall not be construed as a prohibition oi� the ch�rgin� of such <br />fee. Lender may not chargc fccs that are cxpressly prohihited by this Sccurity Instrumenl or by Applic�ble Law. <br />TFthe Loan is subjcct to a law which sets mlximum loan char�es, and that law is finally interpreted so that thc intcrest <br />or other loan chargcs collected nr to be collected in conncction with thc I.oan exceed the pern�ittcd limits, fllCll: �il� any such <br />loan chargc shall bc rcduced by the amount necessary to reduce thc charge to the permitted lirnit; and (b) any sums already <br />collcctcd frnm Borrower wliich excecdcd permittcd limits will bc refunded to Borrowcr. Lcndcr may chnase to make this <br />rcfund by reducing the principal owed under thc Notc or by making a direcl payment to Borrowcr. If a rcfund re�luces <br />principal, thc rcduction will be treated as a partial prepayment without any prcpayment char�e (whcthcr or not a prcpayment <br />charge is provided for under the Notc). 13orrowcr's acceplance of any such refund madc by aircct p�tyment to Borrowe�' will <br />constitute a waiver of any right of t1Ct10❑ }30C1'UWCC I111�I1� I1ftVC ar1S�p�T OLIT Ot SL1CI1 OVCI'CI]ill <br />NF.I3RASKA--Singlc Pnmily--Fsu�nic Ms�c/Frcildic Muc UNIFORM INSTRUM[;NT <br />� 338.2 P�igc R uf 12 <br />I+orm 3028 1/111 <br />� � <br />,�� <br />� <br />