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<br />Borrower. _
<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 lnstrument immediately before the partiai taking, destruction, or loss in value, uniess
<br />Borrower and Lender otherwise agree in writing, the sums secured py this Security Instrument shall be reduced by the
<br />amount of the Miscellaneous Proceeds multiplied by the following fractian: (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 shali 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 the
<br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
<br />immediately 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 Securiry lnstrument 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 1as
<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 #o coliect and apply the Miscetianeous
<br />Proceeds either to restoratior� or repair of Yhe Property or tQ the sums secured by t4ais Security lnstrument, whether or
<br />not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against
<br />�whom Borrower has a right of action in regard to Misceilaneous Proceeds.
<br />Borrower shall be in default it any action or proceeding, whether civil or criminai, is begun that, in Lender's
<br />judgment, couid resuit in forfeiture of the Property or other materiai impairment of Lender's interest in the Property or
<br />rights under this SecurityJnstrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
<br />provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
<br />precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
<br />Security Jnstrument, The proceeds of any award or claim 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 be applied in the order
<br />provided for in Section 2'
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of ihe time for payment or
<br />modification of amortization of the sums seeured by this Security Instrument granted by Lender to Borrower or an�r
<br />Suceessor in Interest of Borrower shall not operate to release the liability of Borrower:or any Successors in Interest of
<br />Borrower. L.ender shall not be required to commence proceedings against any Successor in Interest of Borrower'or to
<br />refuse to extend time forpayment 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 lnterest 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 obligations and liability shall be joint and severaL However, any Borrower who co-signs this Security
<br />Instrument but does not execvte 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 the terms of this Security Instrument; (b) is not
<br />personally obligated to pay the sums secured by this Security Irtstrument; 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 />lnstrument or the Note without the co•signer's'consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
<br />obligations under this Security lnstrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and
<br />benefits under this Security Instrument, Borrower shall not be released from Borrower'� 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 20) and benefit the successors and assigns of Lender.
<br />74. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
<br />including, but not limited to, attomeys' 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 shall not be construed as a
<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 maximum loan charges, and that law is finally interpreted so that the
<br />interest or other loan charges collected or to be collected in connection with the Laan exceed the perrnitted limits, then;
<br />(a) any such loan charge shall be reduced by the amount 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 make this refund by reducing the principal owed under the Note or by making a direct payment to Barrower.
<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). Borrovver's acceptance of any such refund made
<br />by direct payment to Borrower wilF constitute a waiyer 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 lnstrument must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
<br />Borrower when mailed by #irst class mail or whert 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 Applicable Law expressly requires
<br />otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
<br />address by`notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. Iflender 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 mail 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 shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
<br />this Security )nstrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
<br />corresponding requirement undef this Security Instrument. : _
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemed by federal law
<br />and thelaw of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
<br />Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law migh# explicitfy or
<br />implicitly allow the parties to agree by contract or it might be,silent, but such silence shall not be construed as a
<br />prohibition against agreement by coMract. In the event that any provision or cla�se of this Security lnstrument or the `
<br />Note cortflicts with Applieable 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 lnstrument: (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 Ic) the word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security lnstrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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