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201109257
<br />Properry 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 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 Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the suma 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 shall 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 emount of the sums secured
<br />immediately before the partial taking, destruction, or loss in value, unlass 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 (es
<br />defined in the next sentencel,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 glven, Lender is authorized to. collect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the Proper[y or to the sums secured by this Security Instrument, 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 Miscellaneous Proceeds.
<br />Borrower shall be in defeult if any actian or proceeding, whether civil or criminai, is begun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Securiry Instrument. 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 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 />All Miscellaneous Proceeds that are not epplied 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 time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted 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 />Borrower. 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 Borrowar or in amounts less than the amount then due, shall not be a
<br />waiver of or preclude the exercise of eny right or remedy.
<br />13. Joint end Several Liability; Co-signers; Successors end Assigns Bound. Borrower covenants and agrees that
<br />Borrower's obligations and liability shell be joint and several. However, 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 the 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 eny other
<br />Borrower can agree to extend, modify, forbear or make any accommodetions with regard to the terms of this Security
<br />Instrument 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 Instrument 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's obUgations and liability under
<br />this Security Instrument unless Lender agrees to such release in writing. �'he covenants and agre�mqnts.of -this
<br />Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services pertormed in connection with Borrower's
<br />default, for the purpose of protecting Lender's interast in the Property and rights under this Security Instrument,
<br />including, 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 Security Instrument to charge a specific fee to Borrower shall not be construed as a
<br />prohibition on the charging of such fee. Lender mey not charge fees that ere 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 Loan exceed the permitted limits, then:
<br />(a) any such loen charge shail be reduced by the emount necessary to reduce the charge to the permitted limit; and (b)
<br />eny sums already collected from Borrower which exceeded permitted limits wili 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 Borrower.
<br />If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepaymant charge
<br />(whether or not a prepayment charge is provided for under the Notel. Borrower's acceptance of any such refund made
<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 />75. 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 with this Security Instrument shall be deemed to have been given to
<br />Borrower when mailad 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 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. If Lender specifies
<br />a procedure for reporting Borrower's chenge of address, then Borrower shall only report e 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 firsi cless 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 Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
<br />corresponding requirement under this Security Instrument.
<br />16. Gove[ning Law; Severability; 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 obligations contained in xhis SecW�ity
<br />Instrument are subject to eny requirements and Ilmitations of Applicable Law. Applicable Law might explicitly or
<br />implicitly allow the parties to egree by contract or it might be silent, but such silence shall not be construed as a
<br />prohibition against agreement by contract, 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 w(thout 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 Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Praperty or e Beneficial Interest in Borrower. As used in this 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 />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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