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200611427 <br />2 01407692 <br />to ensure the work has becu completed to Lender's satisfaction, provided that such inspeceion shall be undertaken promptly. <br />(.ender may pay for the rnpeirs and restnrnrion in n single disbnraement or in n series of progress payments net the work is <br />completed. iJnless an agreement is made in writing or Applicable Law requires interest to be pod on such Miscellaneous <br />PrOV110cls, L431110r shall not he tcquircxi to pay Borrower any interest or earnings on ttuch Miseellaneuua Pam:eds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the. Miscellaneous Proceeds shall be <br />applied to the suns secured by this Security Instrument; whether or not the due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied lathe order provided for in Section 2. <br />In the event of a total taking, destruction, or Loss in value of the Property, the Miscellaneous Promeds shalt he applied to <br />the Sums secured by this Security Instrument, whether or not then due, with the excess, if any, 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 diking, destruction, or loss in value is equal w or greeter thou the remount of the sums <br />secured by tbis Security Instrument immeeliatety before the partial taking, ckstrection, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be retduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following'fruction: (a) rite toed amount oldie sums se;.'ttned Immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial <br />taking, desbuction, or Joss kh value. Any balance shall be pa.idto 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 Iess than the amount of the sums Secured <br />iinmedratcly before the partial taking, destruction, or loss in value, unless llorro wer and Lender otherwise agree in writ eg, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security fnstntment whether or not the sums are <br />then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Patty (as defined <br />in the next sentence) ufferts to make an award to settle a claim for damages, Borrower falls to respond to Linter within 30 <br />days after the date the notice is given, Lender Is authorized to collect and apply the Miscellaneous Proceeds either to <br />restoration or repair of the Property or to the sums secured by this Security Monument, whether or not then due. "Opposing <br />Party" means die third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of <br />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 judgment, <br />could result in forfeiture of the Piopct ty or other nuttr,iat imislirnnent of Lender's interest in tine Property or rights under this <br />Security Instrument. Borrower van cure such a default end, if acceleration has occurred, reinstate as provided in Section 19, <br />by causing the action or proceeding to he disrnissed with t♦ ruing that, in iander'a judgrent, precludes forfeiture of the <br />Properly or other material impairment of Lender's interest in the Property or rights: under this Security Instrument. The <br />proceeds of any award or claim for dan><lges that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellanoous Proceeds that are not applied to retstoration or repair of the Property shall be applied in the order <br />pawkier' fur in Seetitrn 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 Insurer granted by Lender to Borrower or any <br />Successor in Interest of Eloriower shall not operate to release the liability of Borrower or any Successors in Interest of <br />Burrower. Lender shall not be required to curnulence proceedings against any Successor in Interest of Borrower or W refuse <br />to extend firm frlr payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of <br />any daanand made by the original Borrower Or any Successors in Interest cif Borrower. Any forbearencc by Lender in <br />exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts loss than the amount then due, shall not be a waiver of or preclude Itrc <br />c;tcreisc of a r15111 Or rc:rncdy. <br />13. Joint and Several Liability; Co-signers; Sueccxsws rend Assiges Bound, Donee/et. covenaets and agrees that <br />Borrower's obligations and liability shall be joint and several. However, any Borrower who co signs this Security Instrument <br />but does not execute the Note (a "co-signer"): (a) is eo eiguing this Security instrument only to mortgage, grant and convoy <br />the CO SignCr'S interest in the Property under the terms of this Security Instrument; (lr) is trot personally obligated to pay <br />the sunny secured by this Security Instrument; and (e:) agrees that Lender and any other Burrower an agree. to tsxteoel, <br />modify, forbear Or melee any accommodations with regard to the terms of this Security Instrument or the Note without the <br />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 anti benefits under <br />NEBRASKA —S 111$1e Fnmtly— Farms Mae/Fredde Mae UNIFORM INSTRUMENT e 4— <br />Form 3028 1l01 <br />ITEM 29(nYO (on 1)—MEF'w GF1 ATIA? C 16 <br />(Pate .1of12p.r, aY) Toaar Calf: 1 trM5?09393❑ }1 31 <br />