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2011492�5 <br />of the sums secured by this Security Insmunent innmed'xately before the pazdal taking, dest�uction, or loss in value, <br />unless Borrower and Lender othercvise agree in writing, the sums secared by this Security Instrunlent sha11 be reduced <br />by the amount of the Miscellaneous Proceeds mulciplied by the following fraction: (a) the total amowrt of the s�s <br />s�ured immediately before the partial tatdng, destruction, or loss in value divided by (b} the fair market value of the <br />Property immmediately before the partial takiag, destzucrion, or Ioss in value. A�y balance shalI be paid ta Borrower. <br />In. the event of a partiai taidng, desiruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destcuction, or loss in valne is less than the amotmt of tbe sums <br />se.cured i��iately before tbe partial taking, desmtction, or loss in value, unless Borrower amd. I.�nder otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied te the sums secured by this Security Instiument whether <br />or not ttce sums aze then due. <br />. Tf the Property is abandoned by Borro'vver, or if, after notice by Lender to Borrower that the Opgosing Parly (as <br />definefl in the next se�tence) offezs to make an avward to set�.e a claim for damages, Borrower fails to respond to <br />T�en�cler within 30 tlays after the date the notice is given, Lender is authorized to collect and appT.y the Miscellaneous <br />Proceeds either to restoration or repair of the Property oz to tb.e sums s�ured by this Security Instrument, whether <br />or not then due. "OpPosing Pazly" m�eans the third party #hat owes Borrower Miscellan�us Proceeds or the Party <br />against whom Borrower has a right of acrion in regazd to Miscellaneous Proceeds. <br />Borrower shall be in default if any action ox proceeding, whettier civ� or criminal, is hegun that, in Lender's <br />judgment, could result in forfeituze of the Property or otiier material impairment of Lender's imterest in the Pzoperty <br />or rights under this Security Instrument. Borrower can cure s�ch a default and, if acceleration has ocew�zed, reinstate <br />as provided in Section 19, by cat�sing the action or proceeding w be d'asnaissed with a ruling that, in Lender's <br />judgm�ent, precludes forFeiture of the Fzoperty or other material impairment of I.ender's interest in the Properry or <br />rights under this Security Instrument. The proceeds of any award or claim for damages that are atlnbntable to the <br />impairment of Y.ender's interest in the Property are hereby assigned and shall be paid to i�ender. <br />AIl Miscellaneous P'roceeds that are not applied to restoration or repair of the Properry shall be applied in tha <br />order provideti for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tit�te for payment or <br />modificarion of amortizat�.on of the sums secured by this Security Y*+��n+�+t granted by Lender to Borrower or any <br />Successor in Interest of Borrower shall not operate to release the liability of Borrawer or any Successozs in Intezest <br />of Borrower. Lender shall not be required to commence proceedings agaenst any Successor in Interest of Borrower <br />or to refi�se to extend time for payment or otherevise madify amortization of the sams secur�. by this Security <br />Ins�mment by reason of any demand made by the original Borrower or any Suc�essors in I�erest of Borrower. Any <br />forbearance by Lender in exercising any right or remedy including, without limztation, Lendar's acceptance of <br />paymeats from third gersons, entities or Successors in Interest of Borrower or in aznounts less than the amount then <br />due, shall not be a waiver of or pr�lude the exercise of any right or remedy. <br />13. Joint and Seve�ral Liab�iiy; Co-sign�; Successors and A,ssigns Bonnd. Borrower covenants and agrees <br />that Boaower's obligations and. liability shall be joint and several. Howevez, any Bozzowez� wbo co-signs this Secarity <br />in �*►,Pnt but does not execute the Note {a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, <br />grant and convey ths co-signer's intezest in the Properly under the terms of tlus Security Insuument; {v) is not <br />personally obligated to pay the sunos secured by this Security Instxument; and (c) agrees tbat Lender and any other <br />Borrower can agree to extend, modify, forbear or make any accommodations witli regard to the terms of t�is Security <br />Instrnment or the Note without the co-sigaex's consern. <br />Subject to tlze provisions of Section 18, any Successor i.m Interest of Borrower who ass�es Borrower's <br />obligations imder this Security Inslxument in �cvriting, and is approved by Lender, shall obtain ali of Bozxowez's rights <br />and benefits under ttcis S�aziry Instivment. Borrower sha11 not be released from Bozrower`s oblzgations and liability <br />under this S�urity Insbnnoaent unless I.snder agree.s w such release in writing. 'I'he 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 />14. Loan Ch�rges. Lender map charge Borrower fees for services performe� in connection with Borrower's <br />default, for the purpose of protecring Lender's irnerest in the Property and rights under this Security Instrument, <br />itncluding, but not limited to, attomeys' fees, property iaspect:ion and valuation fees. In regard to azry other fees, the <br />absence of express authority in this Security Instrumern to charge a spe,cific fee to Borrower shall not be constraed <br />as a prohibition on the chargimg of such fe�. Lender may not charge fees that are expressly prohibitad by this Security <br />Instr� �t or by Applicable Ti.aw. <br />If the Lflan is subject to a law vvhich sets maxim.um loa�o. charges, and that Iaw is finally interpreted so that the <br />i�erest or other loan. claazges colle�ted or to be collected in connection with the Loan exee.�d the permitt�I limits, <br />tt�en: (a) any such loan charge shall be zeduced by the amo�mt necessary to reduce the charge to the permitted limit; <br />and (t�) any snms already callected from Borrower which exceeded pezmitted limits will be refunded to Eorrower. <br />Lender may c.h.00se to �oaake this refund by reducing the principal owed under the Note or by maldng a direct payment <br />to Boaowez. If a refimd refluces principal, the reduction will be treated as a partial prepaymern without any <br />prepayment charge (whether or not a prepayment charge is provided for uuder the Note). Borrower's acceptance of <br />an.y such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might <br />have azising out of such overcharge. <br />25. Notic�. AII notices given by Bozzower or Lender in connection with this Securiry Instrument must be in <br />writYng. Any notice to Borrower in conmiectzon with this Security T�. , *n .nt st�all be deemai to have been. gi�ven to <br />Bozxowez when mailed by first class mail or when actaal.ly delivered to Borrower's notice addzess if sent by other <br />means. Notice to any one Bonower shaI1 constitute notice to all Borrowers imless Applicable Law expressly requires <br />otherwise. The norice addzess shaIl be the Property Address unless Bonower b.as designateci a substitute notice <br />address by notice to Lender. Borrower shall promptly notify i.ender of Bonrower's change of address. If Lender <br />NEBRASKA—Single Famity—Fartnie Mee/Freddie Mac UNIFORM INSTRUMEM - MEftS poq�8glc r�pP� <br />Fom1 3028 1/01 Page 7 of 11 www.docmagTc.com <br />Me�B.,rv��1 • <br />