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2� 1 ����57
<br /> In the e�en#of a total taking, destruction, or lnss in walue of the Property, the Mis�e�ianeous Proceeds shall be
<br /> appl ied ta the sums secured by this Security Instrument, whether ar not then due, with the excess, �f any, paid ta
<br /> Borrower.
<br /> In the e�ent of a partial taking, destruction, or lass in �alue of the Praperty in which the fair market�alue of
<br /> the Prvperty immediately before the partial taking, destruction, ar lass in�alue is eyual to or greater than the amount
<br /> of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in�alue,
<br /> un�ess Borrower and Lender otherwise agree in wri�ing, the sums secured by this Security Instrument shall be reduc�d
<br /> by the amount af the Miscellaneous Proceeds multiplied by the following fraction: (a}the to�al amaunt of the sums
<br /> secured immed�ately befare the partial�aking, destruction, ar�oss in�alue di�ided by�b}the fair market�alue of the
<br /> Property�mmediately befare the partial taking, destruction, or loss in�a1ue. Any balance sha11 he paid to Barrower.
<br /> �n the e�ent of a partial taking, destructian, ar loss in�alue of the Property in which the fair market�alue of
<br /> the Property immediately before the partial taking, destruction, ar loss in�alue is less than the amaunt of the sums
<br /> secured imrnediately before the partial taking, destruction, ar loss in �a1ue, unless Borrower and Lender otherwise
<br /> agree in writing, the Miscellaneous Proceeds shall be app�ied to th�sums secured by this Security Instrument whether
<br /> vr nat the sums are then due.
<br /> If the Praperty is abandoned by Borrower,or if, a#�er notice by Lender to B�rrawer that the�ppos�ng Party�as
<br /> d�Fined in the next sentence} offers to make an award to settle a claim for damag�s, Borrower fails �v respond to
<br /> Lender with�n 3U days after the date the notice is gi�en, Lender is authorized ta collect and apply the Miscellaneous
<br /> Proceeds either ta restoration or repair of the Fraperty or to the sums secured by this 5ecurity Instrument, whether
<br /> ar not then due. "�ppasing Party" means the third party that ovves Borrower Mis�ellaneous Proceeds�r the party
<br /> against wham Borrower has a r�ght�f action in regard to Miscelianeous Proceeds.
<br /> Borrower shal� be in default if any actian or proceeding, whether ci�il �r crirninal, is begun that, in Lender's
<br /> judgm�n�, cvuld result�n forfeiture af�he Property or ather rnaterial impairmen�of Lender's interest u�the Prvperty
<br /> or rights unc�er this Security Instrument. Borrawer can�ure such a default and, if acceleration has occurred,reinstate
<br /> as pro�ided in Section 18, by causing the actian or proceeding to be dismissed with a rul ing that, in Lender's
<br /> judgmen�, pre�ludes forfeiture of the Property or other material impairment af Lender's interes�in the Property or
<br /> rights under this Security Instrument. The proceeds of any award or clairn for damages that are attributab�e tv the
<br /> iumpairment af Lender's interest �n the Property are hereby assigned and sha11 be paid to Lender.
<br /> Al� M i sce�laneous Proceeds that are nat app�ied to restoration ar repair af#he Pr�perty shal� be app 1 ied in�he
<br /> order pro�ided for in 5ection 2.
<br /> 11, Barrower Not Released; Forbearance Sy Lender Not a Wai�er. Extens�on of the time for payment�r
<br /> modif cation of arnortization of the sums secured�y this Security Instrument granted�y Lender�o Borrower or any
<br /> Successor in Interest of Borrower sha�i nat operate to r�lease the 1 iabiiity of Borrower flr any Successars in Interest
<br /> of Bvrrower. Lender sha�l not be required to cammenc�proceedings against any 5uccessar in Interest of Barrower
<br /> or to refuse �o extend time for payment or otherw�se modify amortization of the sums secur�d by this Security
<br /> Instrument by reason of any demand made by the�rigina� Borrower or any Succe�sors in In�erest vf Borrawer. Any
<br /> farbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptanc� of
<br /> payments fram third persons, entities or Successors in Interest af Barrower or in amounts less than the amount then
<br /> due, shall not be a vva��er of ar preclude the exercise of any right or rernedy.
<br /> 1�. Joint and Se�eral Li�bility; Co-signers; Su�cess�rs and Assigns Bound. Barrower co�enants and agrees
<br /> that Borrovver's ob�igations and Iiability shali be joint and se�eral. How��er,any Borrower who c�-signs this Security
<br /> Instrument bu�does not execute the Note(a"ca-signer"}: �a}is ca-signing this Security Instrument only to mortgage,
<br /> grant and con�ey the co-signer's interest in the Property under the terrns of�his Security Instrument; �b� is not
<br /> personal�y obligated ta pay the sum� secured by this Security Instrument; and ��}agrees that Lender and any vther
<br /> Borrower can agree to extend, madify, forbear or make any accammadations with regard ta the terms of thi�Se�urity
<br /> Instrument or th�N�#e without the co- signer's consent.
<br /> Subject to the pro�isions of Section 17, any Successor in Interest of Borrower vWhv a.ssumes Barrower's
<br /> obligations under this Security Instrument in writing, and is appro�ed by Lender, sha11 ob#ain a�l of Borr�wer's rights
<br /> and benefits under this Security�nstrument. Borrower shall not be released fram Borr�wer's obligations and liability
<br /> NEBRASKA FHA DEED �F TRl1ST- MERS Dacl�agic
<br /> NED�TZ2.FHA �9114115 Page S of �3 www.docmagr'c.com
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