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201109i0�
<br />Ne3028.�t1.�t
<br />of the sums secured by this Security Jnstmn'+�t immediately before the partial taking, desiruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums seeured by this Sec�trity Instnunent shall be reduced
<br />by the amount of the Ntiscsllan�us Proce�ds mUltipIiad by the foltowing fraction: (a) the total a�aount of the sums
<br />secured immediately before the partial takiag, destruction, or loss in valne divided by (b) the fair market value of the
<br />Properry immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonower.
<br />In the event of a partial taldng, d�strucrion, ar loss in value of the S'�roperty in which the fair market value of
<br />the Property immediately before the partial #aking, destrucrion, or loss in value is less than the amount of the sums
<br />secured immediately before the partial. taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br />agre.e in writing, the Miscellan�us Proceeds shall be applied to the sums secured by this Security Tnstrument whether
<br />oz uot the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by T.ender to Borrower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award ta settle a claim for damages, Borrower fails to respond to
<br />Le�ader withia 30 days after the date the notice is given, Lender is authorized to caIlect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the P�operty or to the suans secuaed by chis Security Instrument, whether
<br />o= not tb.en due. "Opposing Pany" means the third party that owes Borrower Miscellaneous Proceeds or the pariy
<br />against whom Bonower has a right of acGion i�a regard to MisceIlan�us Proceeds.
<br />Borrower shall be in default i.f any act�on ox proaeeding, vc+hether civil or criminal, is begun that, in Lender's
<br />judgment, cauld result in forfeiture of the Property or other mazeriat impairment of Lender's interest in the Property
<br />or rights und.er this Se.curity Instnuuent. Borrower can cure such a default and, if acceleration has occurred., reinstate
<br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in L.�nder's
<br />judgment, pr�ludes forfeiture of the Propeny or other material impaizznent of I.ender's inxezest i.n. the J.'ro�erty or
<br />rights vnder this Security Insm�ment. The groc�eds of any award or claim foz danaages that are attn'butable to the
<br />impaizment of Lender's interest in the Progerty are hereby assigned and shall be paid to Lender.
<br />.All Miscellaneous Proceeds that aze not agplied to restoration or repaiz of [he Property shall be applied in the
<br />order provided for in Secti.an 2.
<br />i2. Borrower Not Released; Forbearauce By I.ender Not a Waiver. F,xtension of the time for payment or
<br />modification of amor�zation of the sums secured by this Security Instrument granted by Lender to Bonower or any
<br />Successor in Interest of Bonower sball not operaze to release the liability of Borrower or auy Successors in Interest
<br />of Borrower. Lender shait not be required to commence proceedings against any Successor in Interest of Borrower
<br />or to refiise to extend time for payment or otherwise modify amortization of the sums secured by ttris Security
<br />Insaument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any
<br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
<br />pay�nents from third persons, entities or Successors in Tnterest of Barrower or in amounts less than the amount then
<br />due, shall not be a waiver of or preclude the exercise of any right or reme�.y.
<br />13. Joint and Several Liab�ity; Co-signers; Succe�sors and Assigns Bovnd. Borrower covenants and agrees
<br />that Borrower's abligations and liabiliry shall be joint and several. Howevez, any Bonrower who co-signs this Security
<br />Tnsmunern but does not execute the Note (a "co-signer"): {a) zs co-signing tlzis Security T.nstrument only to mortgage,
<br />grant and convey the co-signer's interest in the Property under the terms of this Security Instrnment; (b} is not
<br />personally obligated to pay the sums se�uzed by this Security bost�cument; and (c) agree.s tb�at L�ender and any other
<br />Borrower can agree to extend, modify, forbea�r or make any accomoaa�odations with regard to the tencns of this Security
<br />Instrument or the Note without the co-signer's consent. �
<br />�bject to tlae provisions o£ Se,ctian 18, any Successor in Interest o£ Borrower who assumes Borrower's
<br />obligatians under this Secu'rity Lnstrur�aent in writiug, and is approved by Lencl.er, shall obtain all of Bonower's rights
<br />and benefits imder this Security Instrument. Borrower shall not be released from Borrower's obligatians and liability
<br />under this Security Xnstrument wnless Lender agrees to such release in writing. The covenants and agresments of this
<br />Security Tnstrnment sball bin.d (except as pzovzded in Section 2(?} and b�nefit the successors and assigns of Lender.
<br />14. Loan Ch�rges. I.ender ma.� charge Borrower fees for services performed in connection with Borrower's
<br />default, for the pxupose of protecring Lznder's interest in the F'roperty and zights undez this Security Inst�ument,
<br />including, but not limited to, attomeys' fees, property inspection and valuation fee.s. In regard to any other fees, the
<br />absence of express authority in this Security Inslrument to charge a spec4f'ic fe� to Borrower shall not be cons�
<br />as a pxobabition on the chazging of such f�. Lender may not charge fees that are expresslq prohibited by this Security
<br />Instrument or by Applicable Law.
<br />If the Loan is subject to a Iaw which sets maximum loan charges, and that law is finally interpreted so that the
<br />intezest or o#her loan charges cotlectetl or to be collected in conne.ction with the Loan exceed the permitted limits,
<br />then: (a) any such loan charge shall be reduced by the amount necessary to zeduce the charge to the perlmtted limit;
<br />and (b) any sums alzeady collected from Borrower which exceeded permitted limits will be refunded to Borrower.
<br />L$nder may choose to make tbis refund by reducing the principal owed. under the Note or by maldng a direct payment
<br />to Borrower. If a refund reduces principal, the reduction wili be ueated as a partial prepayme�st without any
<br />prepayment charge {whether or nat a prepayment charge is provid�d for under the Note). Borrower's acceptaace of
<br />azry such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
<br />have arising out of such overchazge.
<br />15. Notices. All notices given by Borrower or L.ender in connection vrith this Security Ins�ument must be in
<br />�vriting. Any notice to Borrower in connection with this Security Ins�t stiall be deemed to have been given to
<br />Borrower when mailed by �rst class mail or �arhen actaally delivered ta Borrower's narice addzess if sent by other
<br />means. Notice to a�+ one Borrower shall constitute notice to alI Borrowers uuless Applicable Law expressly requires
<br />otherwise. The notice address shall be the Propezty Addzess unless Barrower has designated a subscitute notice
<br />address by notice to Lender. Borrower shall promptly notify L,ender of Borrower's change of address. Lf Lender
<br />NEBRASKA—Single Fami[y—Fannfe MaelFreddfe Mec UNIFORM INSTRUMENT - MERS Dot�Neglc
<br />Form 3d28' 1/07 Page 7 of 11 www.docmagTc.cam
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