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<br />, tn}tt�� si�ie�� ��p�i�tiai taking, destruction, or loss irr 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 grester than the amount of the
<br />sums secured by this Security instrument immedlately tiefore xhe partial taking, destruction, ar loss in value, unless
<br />Borrower' and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
<br />amount of the Misceilaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
<br />immediately before the partiaf 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 shaii 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 val�e 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 detore the part+al taking, destruction, or foss in value, uniess Borrower and Lender otherwise agree in
<br />writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whather or not the
<br />sums are then due.
<br />' If the Property is ahandoned by Barfower, or if, after notice by Lender to 8orrower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower faiis to respond to
<br />tender within 30 days after the date the notice is given, Lender is authorized to collect and appiy the Miscellaneous
<br />Proceeds either to restoration or repair of tha Property or to the sums secured. by this Secur'►xy instrumerit, whether or
<br />not thert due. "Opposing Party" means the third party that owes �orrower Miscellaneous Pr�ceeds or the party against
<br />whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shail be in defaulf if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, coufd result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Security tnstrument. 8orrower can cure such a defauit 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 Lendar'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 Instrument. 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 />AN Misceiianeous 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 the tima for payma�t or
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
<br />Successor in7nterest of Borrower shaU not operate to re{ease the fiability of Borrower or any Successors in}nterest of
<br />Borrower. Lender shali 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 Securlty 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 orpreclude the exercise of any right or remedy.
<br />13. Joint and SeveraF Liability; Go-signers; Successors and Assigns Bound. Borrower covenants and agraes that
<br />Borrower's obligations and liabi{ity shail be joint and severaL However, any Borrower who co-signs this Security
<br />InstrumeM but does not execute the Note (a "co-signer"!: (a! is co-signing this Security tnstrument 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 Instrument; and (c) agrees thet 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 />instrumenf or the Note without the co-signer's consent.
<br />Subiect to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
<br />obligations under this Security Instrument in writing, and is approved by Lender, shali obtain ail of BorrowePs rights and
<br />benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under
<br />this ,Security Instrument uniess Lender agrees to such re{ease in writing. The covenants and y agreements of this .
<br />Security ins#rura�ent sha{4 bind`lexcept as provided in �ection 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 purpose of protecting Lander's interest in the Property and rights under this Security Instrument,
<br />inciuding, but not limited to, attorneys' fees, property inspection and valuation fees: in regard to any other fees, the
<br />absence of express authority in this Secur+ty lnstrument 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 profiibited by this Secwity
<br />Instrument or by Applicable Law.
<br />af the Loan is subject to a iaw which sets maximum loan charges, and that law is finaily interpreted so that the
<br />interest or other loan charges collected or to be coliected in connection with the loan exceed the permitted 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 callacted #rom Borrower which exceeded permitted fimits will be refunded to Borrower. Lender may
<br />choose to make this refund by reducing the principai owed under the Note or by making a direct payment to Borrower.
<br />If a refund reduces principal, the reduction wili be treated as a partial prepayment without any prep�yment charge
<br />(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund,made
<br />by direct p8yment to Borrower wili constitute a waiver of any right of action Borrower might have arising out of &uch
<br />overcharge.
<br />15. Notices. AU notices given by Borrowes or Lender in connection witfi this Security fnstrument must be in :
<br />writing. ' Any notice to Borrower in conneciion with this Security Jnstrument shall be deemed to have been given to
<br />Sorrower when maifed by first class 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 alt Borrowess untess Appficable Law expressfy 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 Lentler of Borrower's change of address. If Lender specifies
<br />a procedure for reporting Borrower's change of address, then Borrower shati 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 />herei� 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 actuaily received by Lender. If any notice required by
<br />this Security tnstrument is also required under Appiicable Law, the Applicable Law requirement will satisfy the
<br />corresponding requirement under this Security Mstrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be gavemed by federal law
<br />and the law of the jurisdiction in whieh the Propert}a <is Jocated. Alh rights and -obligations ?cantained ir� this Security
<br />instrument are subject to any requirements and limitations of Applicable Law. Applica6le Law might expiicitiy or
<br />impiicitiy ailow the parties to agree by contraci or it might be silent, but such silence shall not be eonstrued as a
<br />prohibition against agreement by contrsct. In tha event tfiat any provision or clause of this Security insttument or the
<br />Note !,conflicts with Applicable Law, such confiict shall not affect other provisions of this Security Instr�ment or the
<br />Note which can be given effiect without the conflicting provision.
<br />As used ln this Security Instrument: (a) words of the masculine gender shait mean and include corresponding
<br />neuter words or words of the feminine gender; (b) words in the singular shall mean and include the piural and vice
<br />versa; and (c) the word "may° gives sote discretion without any obligation to take any action.
<br />77. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />1S. Transfer of the Property or a Beneficiai interest in Borrower. As used in this Section 18, "Interest in the
<br />Psoperty" means any legai or beneficiaf interest in the Property, inciuding, but not limited to, those beneficial interests
<br />NEBRASKA-Singte Family-Fannie MaelPreddis Mac UNfPORM INSTRUMENT Form 3028 1I01
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