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2 01107770
<br />of the sums secw�ed by this Security Iustnxment im�mediately before the partial taking, destrucrion, or loss in �value,
<br />unless Borrower aud I.ender otherwise agres in writing, tb�e surns secured by ttus Security Insbrument shall be reduc�l
<br />by the amourn of the Miscellan�us Proceeds muttiplied by the following fraction: (a) the total amoimt of the sums
<br />secured immed'xately before the partial taking, des�ruction, or loss in value divided by {b) the fair mazket value of the
<br />Property immediately before the partial taking, destrraction, or loss in value. Any balance shall be paid to Bonrower.
<br />In the event of a partial talQng, destructian, az loss in value of the Propezty in which the fair market value of
<br />the Properry immediately before the partiai taking, destraction, or loss in value is less tt�an the amount of the su�s
<br />secured immediately before the pariial ta�ilg. des�ruCtion, or loss in value, unless Borrower and LsnYdex' ot3serwise
<br />agree in writing, the Miscellaneous Procce�ls shaEl be appli.ed to tYce sums secured by t}us Security Instrument whether
<br />or not tha sums aze then due.
<br />Tf the Property is abandoned by �bnower, or if, after notice by Lender to Borro�rer that the Opposing Party (as
<br />defined in the next sernencs) affers to make an award to settle a claim for dama,ges, Borrower fails to respond to
<br />Lendex witl�in 30 clays after the date the natics is given, Lender is auti�orized to collect and apply the NliscelIaneous
<br />Proce�is either to restoration oz repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. °Opposing Party° means the t.�ird party that owes Borrower Miscellaneous Praceeds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Procceds.
<br />Borrower shall be in. default if any action or proceeding, whether civil or criminal, is begun tha.t, in I.ezui.er's
<br />judgment, could res�it in forfeiture of tb.e Property or oiher maCerial ia�airment of I.ender's iaterest iu the Property
<br />or rights nade�r Wis Security �nstnunent. Borrower can cure such a default and, if acceleration has oecurred, reinstate
<br />as provided in Section J.9, by causing the action or proceeding to be dismiss�. with a ruling that, in Lender's
<br />judgment, precludes forfeiture of the Property or other material impaiiment of Lender's inteezest ziz the Froperry or
<br />righis under this Security �ent. The proc�ds of any award or claim for damages that ate attributable to ttte
<br />impaiu•ment of Lender's interest in the Pz�opezty are hereby assigned and shall be paid to Lender.
<br />AIl Miscellan�us Proceeds that are not appIied to restozation or repair of the Properry sl�aii be applied in the
<br />order provided for in Section 2.
<br />12. Borrower 1�Tot ReIeased; Forbearance By Lender Not a Waiver. Ext�nsion of the time for payment ar
<br />modifcation of amorcizatian of the snms secu�red. by tUis Se�uity Znstrument granted by Lender to Borrower or a�y
<br />Successor in Interest of Borrower shall not operate ta zelease tb.e liability of Boaower or aay Succ�ssors in Lnterest
<br />of Borrower. I.ender shall not be required to commence proceedings against any S�ccessor 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 />Instrumern by reason of any demand made by the original Bozmwer or any Successors aa Interest of Borrower. Any
<br />forbearance by Lender in exercisin�� any right or remedy including, without limitation, Lender's acceptance of
<br />payments from third persons, ernities or Successors in Interest of Borrower or in amourns less th�n the amourn then
<br />due, s�hall not be a waiver af or preclude th.e exercise of any right or remedy.
<br />13. J'oint aud Seaeral Liability; Co-signers; Succ�ssors aud Assigns Bound. Borrower covenants and agrees
<br />that Bonower's obligations and liability sha1I be jourt and several. However, any Borrower who co-signs this Security
<br />Instrument but does not execute the Note (a "co-signer°): (a) is c4-signing this Security �n��t only to mortgage,
<br />grant and convey the co-signer's interest in tlie Proparty under the terms of this Security Instrument; (b) is not
<br />peisonally obligated to pay the sums secured by this Security InstYUment; and (c} agrees that Lendez aud any othez
<br />Bonrower can agrce to extend, modify, forbear or make any accommodations with regard to tb.e terms of this Security
<br />Instrum�nt or the Note without the co-signer's consent.
<br />Subject #o the provisions of Section 18, azry Successoz in Interest of Borrower �vho assumes Borrower's
<br />obligatians under this Security Instrume�t in writing, and 'xs approved by Lender, shall obtain all of Borrower's rights
<br />and benefits under this Security Instrument. Borrower shall not be released from Borrawer's obligations and liability
<br />under this Securiry Tnstrument unless Lender agrees to such release in writing. �'b.e covenants and agreements of this
<br />S�urity Instrument shall bind (exc�pt as provided in Se.ction 20) and benefxt the snccessors anci assigns of I.ender.
<br />14. Laan Charges. Lender may charge Barrower fe�s for services perf'ormed in connectaion with Borrower's
<br />default, for the pwrpose of prote�ting Lend.er's interest in ttze 1'zoperty and rights under this Security Insnvment
<br />includin.g, but not Iimited to, attomeys' fees, property inspection and valuation fees. Tn regard. to any other fees, the
<br />absence of express authority in this Security Instr�ment to charge a spec'�"ic fee to Bozrower sha11 not be constcued
<br />as a prohibiti on on the charging of snch fee. Lender may not charge fees that are expressly pmhibited by this Security
<br />Insttument or by Applicable T.,aw.
<br />If the Loau is subject to a law which sets maximum loan charges, and fhat law is fnally interpreted so that the
<br />interest or other loan charges collected or to be colle�ted in connection with the Loan exceed the permitte�i limits,
<br />then: (a) any such loan charge shalt be reduc�i by the amQUnt necessazy to reduce the charge to the permitted ]imit;
<br />and (b) any sums already collected from Borrower which exceeded permitted limits vvill be refimded to Borrowcr.
<br />I.ender may ehoase to make tlais refund by reducing the prineigal owc:d under the Note or by making a direct pay�nt
<br />to Borrower. If a refixnd rednces principal, t[ie reduction will be treated as a partial prepayment without any
<br />prepayment charge (whether or not a prepayment ckzarge is pzovided for under the Note). Borrower's acceptance of
<br />any such refund made by direct payment to Borrower �vitl constitute a waiver of any right of action Borcower might
<br />have arisi.�zg out of such overchazge.
<br />15. Notic�. All notices given bp Borrowez or l.snder in connection with this S�urity Insu um�nt m�st be in
<br />cvriting. Any norice to Barrower in connectiou with this Security Tnstrument shall 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. Natice to any one Borrower shall constitute notice to all Borzowexs ualess Applicable Law expressly requires
<br />otherwise. The natice address shall be the Praperty Address unless Borrower ha.s designated a substixute notice
<br />address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If I.ender
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<br />NEBRASKA—Stngle Family—Fannie Mae/Freddie Mac UNIFORM INSTRUM6NT - MERS ' p�
<br />Form 3fl28 ?/01 Page 7 of 11 w �,_d��J�,�
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