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��14�135�
<br /> In the e�ent of a to�al taking, destruc�ion, ar loss in Walue of the Property, the Misce�laneous Proceeds shall �e
<br /> app�ied tfl the sums secured by this Security Instrument, �vhether or not then due, with �he excess, if any, paid �o
<br /> BorravWer.
<br /> ln the e�ent of a partial �aking, destruct�on, or l�ss in value of the Property in which�he fair market�aIue of
<br /> the Praperty immedia�ery befare�he par�ial�aking, des�ruction, �r lass in value is equa�to or greater than the amount
<br /> of the sums secured by�his Security Instrument immed�a�e�y before the par�ial taking, destruction, or iflss in ►value,
<br /> un�ess Barrower and Lender otherwise agree in writing, the sums secured by this Security�nstrument shal�be reduced
<br /> by the amount of�h�Miscel�aneous Proceeds mul�iplied by the following fraction: {a}the t�tal amount of the sums
<br /> secured immediately before the partial taking, destruction, or loss in�a�ue divided by�b}the fa�r marl�et�alue of the
<br /> Property immediately befar�the partial taking, des�ruc�ion, or loss in�alue. Any balance shall be paid�o Borrower.
<br /> �n the e�ent af a partial taking, destru��ion, or loss in value of the Property in vvhich�he fair market va�u�af
<br /> the Proper�y immediately before the partial �aking, destruction, or loss in �alue is less than the amount of the surns
<br /> secured immediately before the partial tak�ng, destruction, ar loss in value, un�ess Bflrrawer and Lender atherwlse
<br /> agree in wri�ing, �he Miscellaneous Praceeds shal�be applied�o the sums secured by this Security Instrument whether
<br /> or no�the sum s are then due.
<br /> If the Property is ahandoned by Borrflwer,or if, after no��ce by Lepder�a B�rrower tihat the�pposing Party�as
<br /> defned in the next sen��nc�} offers ta ma�e an award ta settle a claim for damages, Borrower fails to respond to
<br /> Lender within 3�days aft�r�he date the n�tice is gi�en, Lender is autharized to coilect and app�y the Miscellaneous
<br /> Proceeds ei�her to restora�ion or repair of the Praperty or to the sums secured by this Security Ins�rument, whether
<br /> or n�t then due. "�pposing Party" means the�h�rd party that ovves Borrawer Miscel�aneous Prnceeds or the party
<br /> aga�nst whom Sorrower has a right of action in regard to Mis��llaneous Praceeds.
<br /> Borrower shal l be in defaul� if any action ar proceeding, whe�her c��il or crimina�, is begun that, in Lender's
<br /> �udgment, could result in forfeiture of�he Property or o�h�r material impairment of Lender's interest in the Praperty
<br /> or rights under this 5ecurity ins�rumen�. Barrawer can cure such a defau�t and, if accelera�ion has occurred,re�ns�ate
<br /> as pra�ided in Sec�ion 19, by causing the action or proceeding ta be dismissed wi�h a ruling that, in Lender's
<br /> judgment, precludes forfei�ure af the Property or o�her material impa�rment of Lender's �n�erest in the Property ar
<br /> righ�s under this Security Instrument. The praceeds of any award ar cla�m for damages that are attr�butable �o the
<br /> irnpairment of Lender's interest in�he Proper�y are hereby assigned and shall be pa�d t�Lender.
<br /> All .Misce�laneous Proeeeds that are not applied to restoration or repair of the Property shall be applied in the
<br /> order pro�ided for in Sect�on 2.
<br /> 12. Borrower Not ReleaSed; Forbearanc�By Lender Not a Wai�er. Extension af the time for payment or
<br /> modification of amortizat�on af�he sums secured by this Security Instrument granted by Lender t� Borrower or any
<br /> Successar in Interest of Sorrower shal� nat aperate ta release the liability of Borrower flr any Successars in Interest
<br /> of Borrawer. Lender shall not be requ�red to commence proceedings against any Successor�n Interest�f Borrower
<br /> or ta refuse to extend time for paymen� or o�herwise madify amortizati�n of the sums secured by this Security
<br /> Instrument by reason of any demand made by�he original Barrower or any Successors in Interest af Barrower. Any
<br /> forbearance by Lender in exercising any right or remedy including, w�thou� limitatian, Lender's acceptance of
<br /> payments fram third persons, enti�ies o�-Successors in Interest of Borrawer or in amounts�ess than the amount�hen
<br /> due, shal� not be a wai�er of ar preclude the exercise of any r�ght ar remedy.
<br /> 13. Jo�nt and Se�eral Liab�lity; �o-signers; Successors and Assigns Baund. Borrower co�enants and agrees
<br /> that Borrower's abligations and liability shal l be�oin�and se�eral. Howe�er,any Borrawer who co-signs th�s Security
<br /> Instrurnent bu�do�s not execute the Nate�a"co-signer"}: (a��s ca-signing this 5ecurity Instrument only�o mortgage,
<br /> grant and con�ey the co-signer's in�erest in the Property under the terms of this Security Tns�rument; (b} is no�
<br /> personal]y obligat�d to pay �he sums secured by this Security Instrument; and�c�agrees that Lender and any o�her
<br /> Borrower can agree to extend, modify, forbear ar make any accammodatians w�th regard to the t�rms of th��Secur��y
<br /> Instrument or the Note wi�hout the ca-5igt7er'S Conserlt.
<br /> Subject to the pro��sions of Sectian 1 S, any Successor in Interest of Borrower who assumes Borrower's
<br /> ab�igatians under this Security Instrument in writing, and is appro�ed by Lender, shall obtain all of Borrower's righ�s
<br /> and benefits under this 5ecurity�ns�rument. Borrower shall not be released from Borrower's obligations and liability
<br /> N EBRASKA-Sing le Fam i ly--Fannie NlaelFreddie Mac UN I F4RM 1 NSTRUIVIENT - MERS pa�y�g��
<br /> Form 3028 11Q1 Page 9 of 15 www.docmagic.com
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