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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 sums secured by <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />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 <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial <br />taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before <br />the partial taking, destruction, or loss in value. Any balance shall 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 <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument 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 <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower <br />fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect <br />and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums <br />secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that <br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of <br />Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence <br />proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or <br />otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand <br />made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in <br />exercising any right or remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall <br />not be a waiver of or preclude the exercise of any right or remedy. <br />11111111 111 111111 <br />* 3 0 0 0 1 0 4 3 2 0* <br />NEBRASKA —Sing a Family— UNIFORM INSTRUMENT <br />Accenture Mortgage Cadence Document Center <br />3773 01/14 <br />Page 9 of 15 <br />1 111 11 11 11 11 1 i ll <br />201507147 <br />