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i <br />' d <br />i <br />� � � � � � � � � <br />of the �SUms s� by ttzis Security Ins'trument immediately before the parnal takuag, d�uct�on, or loss zn value, <br />unless: Borrower aud Lender othervvise agree in writing, the su,ms seaured by this Security Insmime�at shall be reduc�d <br />by the� of the M�scellaneous Prac�ds multiplaed by the fallowing fraction: (a) the total amount of the sums <br />s�ureu immediately before the paztial talcing, destxuction, or loss iu value dividefl by (b) the fair market value of the <br />�rope�ty immediateFy before the partial taki7ag, desuvction, or loss in value. Any balance shall be paid to Borrower. <br />�: I�n the event of a partial taking, destruction, or lass in value of the Property in which the fais market value of <br />the� Property immediately before the garCial taldng, destruction, or Ioss in valne is Iess than the amount af the sums <br />securect imimiediately before the parlial talQng, desiruction� or loss in value, uniess Borro�trer and Lender otherwise <br />agree in wrii�g, the MiscQllaneous Froceeds sha11 be applied to tlte s�tms secured. by this S�urity Instrument whether <br />or �ot; the sunns are then due. <br />the Properiy is abandoned by Borrower, or if, aftez noric� by Lender to Borrower that the Opposing Party (as <br />defin in the next se�tence) afiFers ta make an award. ta settle a ciaim for damages, Borrower fails to respond to <br />wit�in 30 days after the date the notice is given, Lenrier is authorized to colle,ct and. apply the Miuscellaneous <br />Proce�ds either to restoratian ar repair of the 1'roperty or to the swns seoured by this Security Instnunent, whethez <br />ar not;then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the pazty <br />agains� whom Borrowez b�as a r�ght of action in reg�ard to Miscellaneous Proceeds. <br />'�orrower shall be in default if an,y action or proceeding, whether civil or criminal, its begun that, in Lender's <br />judgm�ent, could result in forfeiture of the Praperty or other maieriat impairment of Lendez's iuterest in the Property <br />or rig�ts tmder this Security Tnsnvmi�at. Bonower can cure such a defauit and, i� acceIeration has occurzed, reinstate <br />as pro;vided 'zn Section 19, by causing the action or proceedin� to be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Property or other material impaerment of Lender's interest in the F'roperty or <br />ri�hts ;under this Secuzity Inst�imnent. 'I'he proceeds of any award or claim for danaages that are attr:ibutable to the <br />impairment of Lender's imerest in tlie .Property are hezeby assigned and shall be paid to Lendez. <br />�11 Miscellaneous �roc�ds that are nat agplied to restoration or repair of the Property sball be applied in the <br />order � rovided for in Section 2. , <br />Borrawer ATot 1teleased; Forbearance By Lend� Not a Waiver. Fxtension of the t3me for payment or <br />modi cation of amortization of the sums secured by this Security Insm�ment granted by Lender to Borrower or any <br />Successor in baterest of Borrower shall not operate w reIease the li.ability of Borrower or any Suc�ssors in �terest <br />of Bor'rower. Lender shall. not be required to commence proce,edings against any Suceessor in Interest of Borrower <br />or to refnse to extend time far payment ar oTherwise modify amortization of the sums se,cur�. by this Security <br />Instrument by reason of any demaad, made by the originai Borrower ox any Successors in Imerest of Borrawer. Any <br />forbea.`t�ance by I.snder in exercisiug �any right or remedy including, without Iimztation, Lender's acceptance af <br />payments from third persons, entities or S�ccessors in Interest of Bozrower or in amounts less thaa the am+ount tl�en <br />due, shall not be a waiver of or preclude the exercise of aay rig}zt or remedy. <br />1�3. Joint and Several Liablltty; Co-signers; Snccessors and Assigns Bonnd. Barcawer covenants and agrees <br />that Borrower's obfigations and Iiahi�ity sfiall be joi.nt and seveTal. However, any Borrower who co-signs ttiis Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing tlus Security Ynstrumenf only to mortgage, <br />grant ' convey the co-signer's in�terest in the Property under the terms of this Sec�u7.ty Ivsstrument; (b} is not <br />gerso�tally obligated to pay the swn�.s�ured by tius Security Tnstrumem; amd (c) agrees that Lender and any other <br />Borro�vver can agree to extend, modi�y. forbear or make any accommodations witl�. regard to the terms of this Securily <br />Insrru3nent or the Note withaut the cv-signer's coiisent. <br />Subject to ihe provisions of �tion 18, amy Successor in Tntezest of Borrawer who assumes Borrower's <br />obligations under this Security Instrutnent in writing, and is approved by I.ender, shall obtain aIl of Boaower's rights <br />and benefits under this S�uiity Inst�mnent. Borrower shall not be release3 from Borrower's obligations and liability <br />under ttris Se�urity Instrument un7ess Lender agrees to such zelease in wriring. 'The cavenants and agreements of this <br />Security Instrument shaU. bind (except as provided in Section 20) and benefit the successors and assigns af Lender. <br />14. Loau Charges. Lender may charge Bonower fees for services performed in cx�nn�tion with Bonower's <br />default, for the purpose o£ grotecting Lsnder's irnerest im txze Property and rights under this Security Instrument, <br />inciuding, but not limited to, attomeys' fees, pzopc�ty imspection and valuation fees. In regard to any other f�s, Y1ae <br />absence of express autharity in this Security Inst�nugent to charge a specific fee ta Borrower shall not be construed <br />as a pzolubition on the charging of such f�. Lender may not charge fees that are expressly prolu'bited by this Security <br />Instrument or by Applacable T.aw. � <br />Tf the Laau is subject to a Iaw wla�c7� sets maximnm loan charges, and that law is finally i�terpreted so thax the <br />interest or other Ioan charges collected oz to be collected in comnection with the Loan exceed the per�mitted Iimits, <br />then: (a) any such Ioan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; <br />and (b} any sunns alzeacIy collectea from Bozxower which excceded permitted limits vvz1l be refimded to Bonower. <br />Lendez may choose to make this refund by reducing tlze principal owed undez� rhe A1ote ar by making a direct paymern <br />to Borrower. If a refund reduces principal, the reduction will be tr� as a partial prepaymsnt without any <br />prepayment charge (whether ar not a pxepaymern charge is provided for under the Note}. Bonower's acceptance of <br />auy sucb. refnud made by direct payment to Banawer ovill constitute a waiver of any right of action Borrower might <br />have axzsing out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in coznaection with this Security Instr�ment must be in <br />writing. Any notice tv Borrower in connection with this Secusity Instzunaent shall be deemed to have been given to <br />Barrower when mailed by first class mail or when actuaUy delivered to Borrower's notics address if sent by other <br />means. Notice to any one Borrower shall constitute notice to all Boxrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Borrower has designated a substinua notice <br />address by notice to I.ender. Borrower shall prom�tiy noixfy L�nder of Borrower's change of address. If Lendez <br />f�EBRASKA—Single Famify—Fannie Maa/Ereddie Mac UNIFORM IhISTRUMENT - MERS <br />Form 3028 9l01 Pags 7 of 11 <br />Neaozs.�.� <br />�� <br />ww.docmagPc.mm <br />� <br />