|
� , � , 20110816�
<br />In the event of a partial taking, destruction, or loss in value of the Property in_which the fair market value of the
<br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the
<br />sums secured by this Security Instrument immediately, before the pertial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, the sums secured by this Securiry Instrument shall be reduced by the
<br />amount of •the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
<br />immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
<br />immediately before the partial taking, destruction, or loss in value. Any balance shail be paid to Borrower.
<br />In the evant of a pertial taking, dastruction, or loss in value of the Property in which the feir market value of the
<br />Property immediately before the partial taking, destructlon, or loss in value is less than the amount of the sums secured
<br />immediataly before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
<br />writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
<br />sums are 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 ta
<br />Lender within 30 days after the date the notice is given, Lender is euthorized to collect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or
<br />not then due. "Opposing Perty" means the third party that owes Borrower Miscelleneous Proceeds or the party against
<br />whom Borrower has a right of ection in regard to Miscellaneous Proceeds.
<br />Borrower shall 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 ather material impairment of Lender's interest in the Property or
<br />rights, under this $ecuri�y Instrument. Borrower can cure such a default end, if acceleration has occurred, reinstate as
<br />provided in Section 19, by causing the action or procaeding t,o be dismissed with a ruling that, in �:ender's judgment,
<br />precludes forfeiture of the Property or other materiai impairment of Lender's interest in the Property or rights under this
<br />Security Instrument. The proceeds of any award or cleim for damages that are attributable to the impairment of
<br />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 ba applied in the order
<br />provided for in Section 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 grented by Lender to Borrower or any
<br />Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
<br />Barrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
<br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
<br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
<br />Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
<br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a
<br />waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
<br />Borrower's abligations end liability shall be joint and several. Nawever, any Borrower who co-signs this Security
<br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
<br />grant and convey the co-signer's interest in .the Property under tha terms of this Security Instrument; (b) is not
<br />personally obligated to pay the sums secured by this Security Instrument; 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 consant.
<br />Subject to the provisions of Section 1 S, any Successor in Interest of Borrower who assumes Barrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrawer's rights and
<br />benefits under this Security instrument. Borrower shall not be released fram Borrower's obligations and liability under
<br />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 201 and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the p�qurpose of protecting Lender's interest in the Property and rights under this Security Instrument,
<br />including,'but not limited to, attornsys' fees, property insqection and valuation fees. in regard ta-an� othec tees, �he
<br />absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as e
<br />prohibition on the charging of such 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 maxtmum loan charges, and that law is finaliy interpreted so that the
<br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
<br />(a) any such loan charge shall be reduced by the emount necessary to reduce the charge to the permitted limit; and (b)
<br />any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may
<br />choose to meke this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
<br />If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
<br />(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of eny such refund mada
<br />by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
<br />overcharge.
<br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in
<br />writing. Any notice to Borrower in connection whh this Security Instrument shall be deemed to have been given to
<br />Borrower when mailed by first cless mail or when actually delivered to Borrower's notice address if sent by other
<br />means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicabie Law expressly requires
<br />otherwise. The notice address shall be the Property Address uniess Borrower has designated a substitute notice
<br />address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies
<br />a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through
<br />that specified procedure. There may be only one designated notice address under this Security Instrument at any one
<br />time. Any notice to Lender shall be given by delivering it or by mailing it by first class meil to Lender's address stated
<br />herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security
<br />Instrument shail not be deemed to have been given to Lender untfl actually received by Lender. if any notice required by
<br />this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satlsfy the
<br />corresponding requirement under this Security Instrument.
<br />16. Governing Law; Severebility; Rules of Construction. This Security Instrument shall be governed by federal law
<br />and the law of the jurisdiction in which the Property is located. All rights and obligetions conteined in this Security
<br />Irtstrument are subje�t to any requirements and limitations,.. of Applicable Law. Applicable Law r�i�ht explicitly or
<br />implicitly allow the parties to agree by contrect or it might be silent, but such silence shall not be construed as a
<br />prohibition against agreement by contrect. In the event that any proVision or clause of this Security Instrument or the
<br />Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the
<br />Note which can be given effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
<br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice
<br />versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Capy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or e Beneficial Interest in Borrower. As used in thfs Section 18, "Interest in the
<br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />NEBRASKA-Single Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01
<br />Page 5 of 7
<br />��
<br />
|