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<br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
<br />unless Bonower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
<br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the
<br />Property immediately before the partial 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
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value, unless Bonower and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
<br />or not the sums aze then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellan�us
<br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. "Opposing Party" means the third pariy that owes Borrower Miscellaneous Proce.eds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Properly
<br />or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has occurred, reinstate
<br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
<br />judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly or
<br />rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
<br />impairment of Lender's interest in the Property are hereby assigned and 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
<br />order provided for in 5ection 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
<br />Successor in Interest of Bonower sha11 not operate to release the liability of Bonower or any Successors in Interest
<br />of Bortower. Lender sha11 not be required to commence proceedings against any Successor in Interest of Borrower
<br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
<br />Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any
<br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
<br />payments from third persons, entities or Successors in Interest of Bonower or in amounts less than the amount then
<br />due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Casigners; Successors and Assigns Bound. Bonower covenants and agrees
<br />that Borrower's obligations and liability sha11 be joint and several. However, any Borrower who co-signs this Security
<br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Securi.ty Instrument only to mortgage,
<br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
<br />personally obligated to pay the sums secured by this Security Insmxment; and (c) agrees that Lender and any other
<br />Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
<br />Instrument or the Note without the co-signer's consent.
<br />5ubject to the provisions of Section 18, any Successor in Interest of Bonower who assumes Borrower`s
<br />obligations under this 5ecurity Instrument in writing, and is approved by Lender, shall obtain a11 of Borrower's rights
<br />and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability
<br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
<br />Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
<br />14. Loan Charg�s. Lender may charge Borrower fees for services performed in connection with Bonower's
<br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrutnent,
<br />including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the
<br />absence of express authority in this Security Instrument to charge a specific fee to Borrower sha11 not be construed
<br />as a prohibition on the charging of such fee. L,ender may not charge fees that are expressly prohibited by this Security
<br />Instrument or by Applicable Law. .
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the
<br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
<br />then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge to the pernutted limit;
<br />and (b) any sums already coll�ted from Borrower which exceeded permitted limits will be refunded to Borrower.
<br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment
<br />to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
<br />prepayment chazge (whether or not a prepayment charge is provided for under the Note). Bonower's acceptance of
<br />any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
<br />have arising out of such overcharge.
<br />15. Notice.s. AIl notices given by Borrower or Lender in connection with this 5ecurity Instrument must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument sha11 be deemed to have been given to
<br />Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
<br />means. Notice fo any one Bonower shall constitute notice to a11 Borroweis unless Applicable Law expressly requires
<br />otherwise. The notice address sha11 be the Property Address unless Borrower has designated a substitute notice
<br />address by notice to Lender. Borrower shall promptly notify Lendei of Borrower's change of address. If Lender
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
<br />Form 3028 1/01 Page 7 of 17
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<br />Ne3028.mzd.xml
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