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201211035 �,
<br /> with the excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
<br /> Section 2.
<br /> In the event of a total takuig, destruction, or loss in value of the Property,the Miscellaneous Proceeds shall be
<br /> applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
<br /> Borrower.
<br /> 1n 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 ofthe
<br /> sums secured by this Security lnstrument immediately before the partial taking, destruction, or 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 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 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 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 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(as
<br /> defined in the next sentence)offers to make an awazd to settle a claim for damages,Borrower fails to respond to Lender
<br /> within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds
<br /> either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due.
<br /> "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
<br /> has a right of action in regard to Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, 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 Properry or
<br /> rights under this Security 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 Lender's
<br /> 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 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 lnstruinent by
<br /> reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbeazance 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 waiver
<br /> of or preclude the exercise of any right or remedy.
<br /> 13.Joint and Several Liability;Co-signers;Successors aud 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 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 ofthis Security Insh-ument;(b)is not personally
<br /> obligated to pay the sums secured by this Security lnstrument;and(c)agrees that Lender and any other Borrower can
<br /> agree to extend,modify,forbear or make any accommodations with regazd to the terms of this Security Instrument or the
<br /> 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 obligations
<br /> under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits
<br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT _ /,� �Form 028 �/0�
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<br /> ios,ina Borrower(s)Initials =�._1
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