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. <br /> , <br /> ��15�3SS� <br /> In the e�ent vf a tatal taking, destruction, or loss in�a�ue of the Property, the Misce�laneous Proceeds sha11 be <br /> applied ta the sums secured by this Security Instrument, wh�ther ar not then due, with the excess, if any, paid to <br /> Barrow�r. <br /> In the eW�nt of a partia� taking, destruction, �r loss in �alu� of the Praperty in which th�fair market�alue of <br /> the Property immediately befnre the partial taking, destruction, or loss in�alue is equal ta or greater than the amoun� <br /> af the sums secure.�i by this Security In�trument immediate�y before the partial taking, destructi�n, or�oss in �alu�, <br /> unless Barrawer and Lender atherwise agree in writ�ng, the sums secured by this Security Instrument shall be reduc�d <br /> by the amount af t,he Misc��laneous Proceeds multiplied hy the following fraction: �a}the total amaunt of th� sums <br /> secured immediately before the partia�taking, destruction, or loss in�alue d.i�ided by�b}the fair market�alue of t,he <br /> Property immeciiately before the partial taking, des�ruction, or loss in�alue. Any balance shai�be paid to Barrower. <br /> In�he e�ent af a par�ial taking, destruction, or l�ss in�alue of the Property in which th�fair market�alue of <br /> the Property immediately before the partial�aking, destrueti�n, �r loss in �a1ue is less than the amount af th� �ums <br /> secured imm�d.�ately before the part�al taking, d�structian, �r �ass in �alue, un��ss Borrower and Lender other�vise <br /> agree in writing, the Miscellaneous Proceeds sha�l be applied to the sums secur�d by this Security Instrument whether <br /> or not the sums are then du�. <br /> If the Prvp�rty is abandoned by Borrower, or if, after notice by Lender tv Borrower t.hat the�pposing Party�as <br /> define�i in the next sentence} offers to make an award ta settle a claim for damag�s, Barrawer fails ta respand ta <br /> Lender within 3�days after th�da�e the notice is gi�en, Lender is auxhorized t�collect�nd apply the Miscellaneous <br /> Proceeds either to restoration or repair of the Property or ta the sum� secured hy this Security Instrument, whether <br /> vr not th�n due. "�ppasing Party" means the third party t.hat owes Borrawer Misce�ianeous Proceeds or the party <br /> aga�nst whom Borrower has a right of actian in regard to Miscei�aneous Proceeds. <br /> Borrov��r sha�l be in default if any action or prQceeding, whether civi�or criminal, is begun that, in Lender's <br /> judgmen�, could resuit in forfeiture of the Praperty or ather material impairm�nt of Lender's inter�st�n the Property <br /> ar rights und�r this Security Instrument. Borrawer can cure such a default and, if acce�eration has accurred,reinstate <br /> a� pra��ded in Section 19, by caus�ng the a�tion �r praceeding ta be disrnissed with a rul�ng that, in L�nder's <br /> judgment, preclude� fvrf�iture vf�he Property vr other material impa.irment of Lender's inter�st in the Property or <br /> r�ghts und�r this 5ecurity Instrument. The pra�eed�af any award or�laim for damages that are attri�utable ta the <br /> impairment of Lender's interest in the Prop�rty are hereby assigned and sha11 be paid�o Lender. <br /> Al�Miscelianeous Praceeds that are not applied to restorat�on vr repair of th�Praperty shalt be ap�iied in the <br /> order pro�ided for in Sectivn 2. <br /> 12. Borrower Not ReleaSed; F�rb�arance By Lender Not a Wai�er. Extension of the time for payment ar <br /> m�dif�cation of amortizati�n af the sums 5�cured by this 5e�urity Instrument grant�d b�Lender to Borrower or any <br /> Succ�ssor in Interest of Borrower shall n�t operate to release the liability of Borrower ar any Successors in Interest <br /> af Borrower. Lend�r shall no��e requir�d to cammence pro�eedings against an�Successvr in Interest of Borrow�r <br /> or to refuse to �xtend time for payment or atherwise madify amortizatian of�h� sums secured by this Security <br /> Instrument by reasvn af any demand made by the original B�rrovver vr any Success�rs in�nter�st of B�rr�vver. Any <br /> farb�arance �y Lender in exercising any right or remedy includin�, withaut limita�ion, Lender's acceptance �f <br /> paym�nts fr�m third pers�ns, enti�ies or Successor5 in�nterest of B�rro�er or in amounts less than the amoun�th�n <br /> due, sha.�1 not b�a wai�er�f or preclude the e�ercise af any right ar remedy. <br /> 13. Joint and Se�eral Liabi�ity; C�-signers;Successars and Assigns Baund. Borrower co�enant�and agre�s <br /> that Borrower's ob�igations and I�abiliry shall be jaint and se�eral. Howe�er,any Borr�wer wha co-signs th�s Security <br /> Instrument but daes not�xecute the Note�a"ca-signer"}: �a}is co-signing this Security Instrument only�o mortgag�, <br /> grant and convey the cv-signer's interest in the Property under the terms af this Security Instrument; (b} is not <br /> persvnally�bligated to pay the sums secured by this Security Instrument; and (c}agrees that Lender and any other <br /> Bvrrower can agree to extend, madify, forbear or make any accommodations with regard to th�terms c�f this Securit� <br /> Instrument or the Note without the co-signer's�onsent. <br /> Subject to the pr��isions of Sectian 18, any Successvr in �nterest �f Borrower who assumes Borrower's <br /> ohligations under this Security Instrument in writing, and is appra�ed by Lender, shall obtain all of Borrower's rights <br /> and benefits und�r this Se�urity Instrument. Borrower shall nat be reieased fram Barrower's obligativns and liahility <br /> NESRASKA-Single Family--Fannie MaelFreddie Mac UNiF�RM INSTRUMENT - MERS ����� <br /> Fv�m 3028 1!4� Page 9 of �5 www,docmagic,�om <br />