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��15�3��5 <br /> In�he e�ent of a tatal taking, destruction, or loss in�alue of th�Property, the Miscellaneous Pro�eeds shali be <br /> app�ied t� �he sums secured by this Securi�y Instrument, whether or not then due, with the excess, if any, paid to <br /> Borrower. <br /> In the e�ent of a partial taki.ng, destruction, or lass in va�ue�f the Property in which the fair market�alue of <br /> the Praperty immediately befor�the part�al taking, destruct�on, or lass in�alue is equal ta or greater than the amount <br /> of the sums secured by this Security Instrument i�nmediately before the partial taking, destruction, vr �as�in�alue, <br /> unless Barrower and Lender athervvise agree in wri�ing,the sums secured by this Security Instrurnent shall be reduced <br /> by�he amount of the Miscelianeous Praceeds multiplied�y the fo�lowing fractian: �a}the total amoun��f the sums <br /> secured unmediately before the pa.rtial taking, destruction, or Ioss in�a�ue di�ided by���the fair market�alu�vf the <br /> Property immediately befor�the partxal taking, destruc�ion, ar lass in�a�ue. Any balance sha�l�e paid to Barrower. <br /> In the e�ent of a partial taking, destruct�on, �r �oss in�a1ue of the Prop��-�y in which the fair market�a�ue of <br /> the Property immediately before the partia��aking, destructian, ar Ioss in�a�ue is less than the amount of the sums <br /> secured immediately before the partial taking, destruc��an, or loss in �a�ue, uniess Barrower and Lender a�herwise <br /> agree in writing, the Misce�laneous Proceeds shall be applied ta the sums secured by this 5ecurity Instrument whether <br /> or not the sums are then due. <br /> If the Property is ahandoned by Borrower,or if, af�er notice by L�nder ta Borrower that the C�pposing Party�as <br /> defined in �he next sentence} offers t� make an award to settle a c�a�rn far damages, Borrawer fai�s �o respond to <br /> Lender within 30 days after the date the not�ce is gi�en, Lender is au�harized to collect and apply the Miscellaneous <br /> Proceeds either to restora�ion or repa�r of�he Property or to the sums secuared by�his Security Instrumen�, vvhether <br /> ar n��then due. "�pposing Party" means the�hird par�y that owes B�rrovWer Miscellaneous Proceeds ur�he party <br /> against whom Borrnwer has a right of action in regard to M�scellaneous Praceeds. <br /> B�rr�wer shall be in default if any action or proceeding, whether ci�i1 ar criminal, is begun that, �n.Lender's <br /> �udgment, cauld result in forf�iture of the Pr�perty ar ather material impairment of Lender's interest in the Property <br /> or righ�s under this S�curity�nstrument. BarravWer can cure such a default and, if acce�eration has vccurred,reins�ate <br /> as pro�ided in 5ec�ivn 19, hy causing the acti�n �r proceeding ta be dismissed w�th a ruling that, in Lender's <br /> judgment, precludes forfeitur� vf th�Property or other material i_mpairment of L�nder's interest in�he Property or <br /> rights under�his Security Instrumen�. The proceeds of any award or claim for damages that are attri�utable�o the <br /> irnpairment of Lender's interest�n the Property are herehy assigned and shall be paid to Lender. <br /> A11 Miscel�aneaus Praceeds�hat are nat app�ied to restoration or repair of the Property shall be appl�ed in the <br /> order pro�ided far in Sect�on 2. <br /> 12. Borrower Not Released; Farbearance By Lender Nat a�arver. Extensi�n�f the time for payment or <br /> mvdificatinn vf amartiza.�ion�f the sums secured by this Security Instrument granted by Lender to Borrawer or any <br /> Successor in Interest of Barrower sha11 nv�operate�o re�eas�the liability af Borrower or any 5uccess�rs in In#erest <br /> of Borr�wer. Lender shall not be required to commen�proceedings against any Suc�essar in Interest of Borrawer <br /> �r to refuse to ex�end time far paymen� or otherwise madify amartizati�n of the sums se�ured hy this Security <br /> Ins#rument by reason of any demand made by the original Barrower�r any Successvrs in Interest vf Borrower. Any <br /> forbearance by Lender in exercising any right or remedy including, wi�haut lirnitation, Lender's accep�ance of <br /> payments from third persans, entities or Successors in Interest of Borrawer or in amounts less than the amount then <br /> due, shall not be a wai�er of or prec�ude the exerc�se af any right or remedy. <br /> 13. Jo�nt and Se►veral Liability; �v-signers;Succes5ars and Assigns Bound. Barrawer ca�enants and agrees <br /> that Borrower's obliga�ians and 1iab�lity shall he joint and several. Howe�er,any Bvrrower wha ca-signs�his 5ecurity <br /> Instrumen�hut dves not execute the Note(a"co-signer"}: �a�is ca-signing this Security Instrument anly to mortgage, <br /> grant and convey the cn-signer's interest in th� Prvperty under the terms of this Se�urity Instrument; (b} is not <br /> personally ob�igated to pay the sums secured�y this S�cur�ty Instrument; and�c�agrees that Lender and any other <br /> Borrower can agree to extend,modify, forbear or make any accvmmodations with regard to the terms of this Security <br /> Instrument or the Nate vWithout the co-signer's consent. <br /> Subject to the pro�isians af Secti�n 18, any 5uccessor in Interest af Borrower whv assumes Borrower'� <br /> obligativns under this Security Instrument in writing, and is appro�ed by Lender, shall obta.in al�of Borrower's rights <br /> and benefits under this Security Instrument. BarrovWer shai�na�be released from Borravver's vbligat�ons and liabi�ity <br /> NEBRAS�{A Single Fam�iy--Fannie MaelFr+eddie Mac UNIF�RM INSTRUMENT- MERS p����� <br /> Form 3D28 11�1 Page 9 of 15 www.dvcmagic.com <br />