Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
20110810G <br />of the sums secured by thi.s Security Insttument immediately before the partial taki�g, �estc�ction, ar loss in vatue, <br />euiless Borrower and Lender otkierwise agree in writing, tk�e sums secured by this Security Instrument shall be reduced <br />by the arntount of the Miscellaneous Praceeds multiplied by the fullowing fraction: {a) the toYal amount of the suans <br />secured immediately before the partaal taking, destructaon; or loss in value divided by (b) the faia markee value of the <br />Property imm�ediately before the partfal taking, des4ruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partaal taking, tles4ructaou, or luss in value af the Property in which ¢he faia market value of <br />the Property immediately inefore the partial Calcing LL�MLNOl68 or loss ia value is Iess fhaa the amount of the sums <br />secured immediately before the partiaY taking, destruction, or loss an value, unless �orrower and Lender otberwis� <br />agree in writing, the MisceIlaneous Proceeds shalI be applied to tlae sums secured by this Security Tns#ruunent whether <br />or not the sums are then due. <br />ff the Property is abandoned by Borrawer, ar if, after notice by Lender ta Borcower t[�at the Oppasing Party (as <br />defined in �he next sentence) offers to ma[ce an award to settle a cla.it� for daznages, Borrower fails to respand to <br />Lender within 30 days after the date the norice is g"tven, Lender is authori2ed to collect and apply the MisceUaneous <br />Proceeds either to cestoration or repair of the Property or ta tha sunns secured by this Security instrument, whether <br />or not then due. "Opposing Party" means the Yhird pagty that owes Barrower MiscelFaneous Proceeds or the party <br />against whom Borrower has a right of acdon in regard ta Miscellaneous Praceeds. <br />Barrowec shall be in defaulx �f any actian or proceeding, whether civil or criminal, is begun that in Lender's <br />judgment, could result in forFeiture of the Propecty or other material impaiiment of Lender's interest in the ProperYy <br />ar rights under this Security Insttument Boarowea can eure such a default and, if acceleration has occurreci, reinstate <br />as provided in Secrion 19, by causing the action or praceeding to be dismissed with a rwli.ng that, in Lender's <br />judgment, preclades forfeitura of the Property or other material impairment of Lender's interesfi iu the Property or <br />rights under t.�is Security Ins�umen� Z`he p�o�eeds of any awatd or claim far damages that are attributable to the <br />impairfr►attt af L,ender's interest in the Property are her�by assigned axad shalI be paid to Lend�r. <br />Ai� MiscelIaneo�ts Proceeds that are nat applie� ta restoraeian or repair af the Praperty sP�a11 be applied in the <br />order provide�i for in Section 2. <br />1�. Borrawer Not Released; Forbearantce By I.ender Not a Waiver. Extension of the time for payment or <br />madification of amortization of the sums secured by this 5ecuriry Jnstruraent graated by Lender #o Bonower or any <br />Successor in Iaterest of Bonawer shall noE aperate ta releas$ tbe liabi�ity of Barrower or any Successors in Interest <br />of Borrower. Lend�r shall aot be required to commence groc�edi�gs against any Successor in Interest of Borrower <br />or to refuse to exEend time for payment or Qtherwise modify amoctizatio� af the sums secured by this SecurIty <br />Instrument by reasan of any demand made by the original Borrower or any Successors in Interest of Borrower. Any <br />forb'earance by Lender in exercising any righ4 or remedy incl�ding, wirhout IimiEation, Lender's acceptance o€ <br />payments from third persons, entities or Succ�ssors in Tnterest of Borrower or in amouttts �ss than the amounC then <br />due, sha11 not be a waiver of or preclude the ex�rcise of any rigb.t or remedy. <br />A3. Joiaat and Several Liability; Co-�ers; Succ�ssors and Assigns �ouud Borrower covenanYs and agrees <br />thaC Borrower's abligations and liability shall be joint and sevaral. Howev�r, any Bonower who casigns this Security <br />Instrument but daes not execute the Note (a "eo-signer"}: (a) is casigning this Security Tnstrument only to mortgage, <br />grant and canvey t�e co-signer's infierest in the Property under the terms af this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Tnstru�men� and (c) agrees that Lender and any other <br />Borrower can agre� to ext�nd, modify, forbeaz or make any accomrnodations with regard to the terms of this Security <br />Tnstrument or the Note without Che co-signer's cousen�. <br />Subject to the provisions of Secrion 18, any Successor in Interest of Borcower who assumes $orrower's <br />obligations under this Secarity Instrument in writing, and is app�aved by T�eaider, shall abtain ail of Borrowsr's rights <br />and bene�ts under this 5ecurity Instrumemt Borrower sFxall noi be releasec3 from Bonower's obligazions and Iiability <br />under this Secwrity Instrumen# unless L,encfer agrees to such release 4n writing. The covenants and agreements o€ Chis <br />Security Tr�strumenE shatl bind (except as pzovided in Section 20) and benefit the successars and assigns of Lender. <br />1,4e I.oan Charges. Lender may charge Borxower fees fpr services performed in connection with Borrower's <br />default, for the purpose of protecting Lexider's interest in the Property and rights under this Securlty Instrriment, <br />including, but not limited to, attorneys' fees, properry inspection anck valuation fees. Iu regard w any other fees, the <br />absence of express authority in this Sectarity Instrument to charge a specifie fee to Bort'awer shall aot be construed <br />as a prahibition an tha chazging of sneh fee. Lender 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 fuatly interpreted so tt�at the <br />interest or other loan charges caIlecte� or to be collectecl in connection �ith the Loan exceed the permitte� limits, <br />then: (a} any such Ioan charge shall be reduced by the atnownt necessary to reduce the chazge to tha permitted li�r►it; <br />and (b) any sums aiready collecCed from Bunower which exceedec3 permktted limits will be xefunded to $orrower. <br />Lender may chaose to rnake this refund by reducing the principal owed under the Noce or by makiag a direct payment <br />to Borrower. Tf a refunr� reduces principal. the reduction will I�e lreated as a partial prepayment without any <br />prepayme�rt charge (whether or not a prepayment ctaarge is provided for under the NoYe). Borrower's acceptanee of <br />a�ny such refunc� made by direct paymenE to Borrawer wil� constilute a waiver of any right of action Borrower might <br />have arising out of such overcharge. � <br />15. Notices. All notices given by Borrower ar Lencler in connection with this Securiry Tnstrument muse be in <br />writing. Any notice to Borrower in connection v�ith this S�urity 7nstrument shall be deemed ta have been given to <br />Bonower when maited by �'irst class mail or when actually deliver�d to Borrot�vet's s�oflce address if s�nt by other <br />means. Notice Co any one Borrower gha13 constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Propeaty Address unless Borrower h�s designated a substitute notice <br />addcess by notice to Lender. Borrower shall promptlp norify I.ender o� Borrower' � clia�ge of address. Yf Lender <br />NEBRASKA--Single Famtfy--Fannie Mae/Frsddie Mac UNIFOF�v1 INSTRUMENT • MFAS �,�aglc <br />Form 3028 1l01 P6ge 7 of 11 ' www.docmaglc.mm <br />��s �� <br />