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DEBORAH D SCHWBITZ/995151831527470 <br />NEBRASKA HOME EQUITY LINE OF CREDIT DEED OF TRUST <br />2008 DOCMAGIC, INC. <br />NEHESI.BOA 06/04/13 Page 7 of 13 <br />2015058 <br />interest, upon notice fi Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, <br />Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and <br />interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written <br />consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and <br />the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. Borrower is not required to obtain Mortgage Insurance unless otherwise agreed in <br />writing. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender' s satisfaction, provided that <br />such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the Secured Debt secured by this <br />Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds <br />shall be applied in the order provided for in the Agreement and this Security Instrument. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the Secured Debt secured by this Security Instrument, whether or not then due, with the excess, if any, paid <br />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 <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the Secured Debt secured by this Security Instrument immediately before the partial taking, destruction, or loss <br />in value, unless Borrower and Lender otherwise agree in writing, the Secured Debt secured by this Security instrument <br />shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total <br />amount of the Secured Debt immediately before the partial taking, destruction, or loss in value divided by (b) the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall <br />be 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 <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the Secured <br />Debt immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree <br />in writing, the Miscellaneous Proceeds shall be applied to the Secured Debt secured by this Security instrument <br />whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, and Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the Secured Debt secured by this Security Instrument, <br />whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the <br />party against whom Borrower has a right of 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 <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property <br />or rights under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate <br />as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or <br />rights under this Security instrument. The proceeds of any award or claim for damages that are attributable to the <br />impairment of Lender' s interest in the Property are hereby assigned and shall be paid to Lender. <br />Draft <br />www docrnag!c: corn <br />