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<br /> this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. Such Miscellaneous
<br /> Proceeds shall be applied in the order provided for in Section 2.
<br /> In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall
<br /> be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to
<br /> Borrower.
<br /> In the event of a partial taking,destruction,or loss in value ofthe Property in which the fair market value of
<br /> the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount
<br /> of the sums secured by this Security Instrument immediately before the partial taking,destruction, or loss in value,
<br /> unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument t shall be
<br /> reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of
<br /> the sums secured immediately before the partial taking, destruction, or loss in value divided by(b) the fair market
<br /> value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
<br /> 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
<br /> the Property imua..ediately before the partial taking, destruction,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 /> agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Intent
<br /> whether or not the sums are then due.
<br /> If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party
<br /> as defined in the next sentence)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 given.,Lender is authorized to collect and apply the Miscellaneous
<br /> Proceeds either to restoration or repair of the Property 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
<br /> against whom Borrower 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
<br /> Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
<br /> Property or rights under this Security Instrum.ent Borrower can cure such a default and, if acceleration has
<br /> occurred,reinstate as provided in Section 19,by rasing the action or proceeding to be dismissed with a ruling that,
<br /> in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
<br /> Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
<br /> attributable to the impairment of Lender's interest hi 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
<br /> the order provided for in Section 2.
<br /> 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment
<br /> or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or
<br /> any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in
<br /> Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of
<br /> Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br /> Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
<br /> Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
<br /> acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the
<br /> amount then due,shall not be a waiver of or preclude the exercise of any right or remedy.
<br /> 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
<br /> agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this
<br /> Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument only to
<br /> mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is
<br /> not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
<br /> Nebraska Deed of Trust Biagio Family—Fannie Mae/Freddie Mac Uniform Instrument Form.3028 1/01
<br /> IVIES Modified
<br /> The Compliance Source,Inc. Page 9 of 14 Modified by Compliance Source 14301 NE 08/00 Rev.1 2/12
<br /> www.complianeesource.com ©2000-2012,The Compliance Source,Inc.
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