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��14�4�59 <br /> In the event�f a tatal taking, destruction, nr loss in value of the Property, the Miscellaneaus Proceeds shal�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 /> �n the e�ent of a partial taking, destruction, ar loss in value of the Property in which the fair market�aiue af <br /> th�Property irnrnediately before the partial taking, des�ructian, or loss in�alue is equa�to vr greater than the amvunt <br /> of the sums secured by this Security Ins#rument immed�ately before the partial �a.king, destruction, ar loss in�alue, <br /> unless Borrawer and Lender otherwise agree in vWr�ting, the sums secured by this Security Instrument sha�l he reduced <br /> by the amount of the M�scel�aneous Proceeds multiplied by the foilowing fraction: (a}the total amount af the sums <br /> secured immediately befare the partial tak�ng, destru�tion, or loss in�a�ue divided by�b}�he fair market�alue of the <br /> Property irnmediate�y before the partia�taking, destruction, or lass in�a�ue. Any balance sha11 be paid to B�rrower. <br /> In the e�ent af a partial taking, destructivn, or loss in�aiue of the Property in wh�ch the fair market value nf <br /> the Property immediately before the partial taking, destructian, ❑r loss in�alue is less than the amount of the sums <br /> secured immediately bef�re the parttal taking, destructivn, or l�ss in value, unless Borrawer and Lender�therwise <br /> agree in writing, the Mis�ellaneous Proceeds shali b�applied to the sums secured by this Security�nstrument whether <br /> ar n�t the surns are then due. <br /> If the Pr�perty is abandaned by Barrawer,or if, after notice by Lender ta Barrower that the�pposing Party(a.s <br /> d�fined in the next sentence} offers to make an award to settle a c�aim for darnages, Borra�ver fails ta respand ta <br /> Lender wi�hi.n 3�days after the date the notice is gi�en, Lender is authorized to collect and appiy the Miscellaneous <br /> Praceeds either to restoration or repair of the Praper�y ar to the sums secured by this Security Instrument, whether <br /> or nat#hen due. "4pposing Party" means the th�rd party that owes Borrovver Misce�laneous Proceeds ar the party <br /> against whom Borrvwer has a right af aCtion in regard ta Miscel�aneaus Prviceeds. <br /> Barrower sha�l be�n d�fault if any action�r proceeding, whether c��il or criminai, is begun that, in Lender's <br /> judgment, couid result�n farfeiture vf the Prop�rty ar ather mater�a�impairment af Lender's inter�st in the Praperty <br /> or rights und�r this Security Instrumen#. Borrawer can cure such a defaul�and, if acceleration has accurred,reinstate <br /> as pro�ided in Section 19, by causing the action ar proceeding to be dismissed with a ruling that, in Lender's <br /> judgment, precludes forfeiture of the Prop�rty�r ather mat�rial impairment af Lender's interest in the Prnperty or <br /> rights und�r thYs Security Instrument. The proceeds of any award or clairn far damages that are attributab�e to the <br /> impairment of Lender's interest in the Pr�perty are hereby assigned and sha11 be paid to Lender. <br /> A11 Miscellaneaus Prviceeds that are not applied ta restaration or repair af the Property shail be applied in the <br /> order pro�ided for in Section�. <br /> 12. Barrower Not Released; Forbearance By Lender Not a Wa��er. Extension�f�rie time far payment�r <br /> madification of arnartization af the surns secured by this Security Instrument gran�ed by Lender to Borrower ar any <br /> Successor in Interest of B�rr�wer shall not aperate to re�ease the �iability of Barrower vr any Successars in Interes� <br /> of Borrower. Lender sha�l not he required to comrnence praceedings against any Successor in Interes�of Barro�ver <br /> ar �o refuse to extend tirne for payment or atherwise madify amortizat�on of the sums secured by this 5ecurity <br /> Instrument by reason af any demand rnade by the original Barraw�r or any Su�cessors in�nterest af Borrower. Any <br /> forhearance by Lender in exerc�sing any r�ght or remedy inc�uding, withaut limitation, Lender's acceptance af <br /> payrnents frnm�hird persans, entities ar Successors in�nteres�of Borrower or in amoun�s�ess than the amou�at then <br /> due, sha1�not be a wai�er of or preclude the exercise af any right or remedy. <br /> 13. Joint and Se�era�Liability; �n-signer5;SueeeSsors and Assigns Bound. Barrawer co�enants and agrees <br /> that Borrower's abliga�ians and liability shal�be joint and se�era�. However,any Bvrrower who Co-Signs thi5 S�Curi�y <br /> �nstrurnent but does nat execute the Nfl�e�a"co-signer"}: �a}is ca-signing this Securzty Instrument only to mortgage, <br /> grant and con�ey the co�-signer's interest rn the Pr�perty under the terms of th�s Security Instrument; �b} is not <br /> personally obligated to pay the sums secured hy this Security Instru.ment; and�c� agrees that Lender and any o�her <br /> Borrower can agree ta extend, rnodify, forbear or make any accommoda�ians with regard ta the terms❑f this Security <br /> Instrument or the Note withaut the ca-signer's consent. <br /> Subject to the pra�isions �f Section 18, any Successor in Interes� of Borrawer whfl assurnes Bvrrovver's <br /> abligations under this 5ecurity Ins�rument in writing, and is approved by Lender, sha11 ob#ain a�l of Borrower's rights <br /> and benefits under this Security�nstrument. B�rrovver sha11 nat be released fr�m Borrower's vbligations and liability <br /> NEBRASKA-Single Family--Fannie MaelFreddie Mac UNlFORM IN5TRLIMENT - MERS ����� <br /> Form 3�28 11�1 Page 3 of 15 www_docmagic.com <br /> � ' <br /> � <br /> i � R � � � � <br />