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2� 1 �� 1325 <br /> In the e�er�t�f a tota� taking, destructi�n, or �oss in�alue of the Property, the M�scellaneou�Proceeds shall be <br /> applied ta the sums secured by this Securi�y �nstrum�nt, whether or nat then due, with the exc�ss, if any, paid�a <br /> B�rrower. <br /> In the e�ent of a partial taking, destruction, �r lass in �alue of the Property in which the fair market�alue of <br /> the Pr�per�y immediately before the partiai taking, destruction, or loss in�a1ue is equal to ar great�r than the amaunt <br /> of the sums secured by this Security Ins�rument immediately before�he part�al �aking, destructior�, or loss in�alue, <br /> unless Borrawer and Lender otherwise agree in writing, the sums secured by this Security lnstrument shall be reduced <br /> by the amaun�of the Misce�lanenus Praceeds muitipl2ed by the fo�lowing fraction: �a)the total amount of the sums <br /> secured immediately before the partial taking, des�ru�tion, or loss in�alue divided by�b}the fair market�alue flf the <br /> Property immediately befvre the partial taking, des�ructian, or lass in value. Any balance shall be paid to Barrar�ver. <br /> In the e�ent of a partiai taking, destruc�i�n, ar loss in value of�he Property in which the fair market�aiue af <br /> �he Prvperty immediately before the partial taking, destruction, or loss in value is less than the amount af the sums <br /> secured immediat��y before the partial taking, destruc�ion, or loss in �alue, unless Borrower and Lender�therwise <br /> agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Securi�y Instrument whe�her <br /> or not the sums are then due. <br /> �f the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that tihe�pposing Party�as <br /> deftned in the next sentence} affers to make an award to settle a claim far damages, Borrower �'ails �o respond to <br /> Lender w�thin 3�days after the date�he notice is gi�en, Lender is authoriz�d�o collect and apply the Miscel�at�eous <br /> Proceeds ei�her�a restoration or repair of the Property or to the sums secured by�his Security Ins�rument, whether <br /> or not then due. "�pposing Party" means the�hird party that owes.Borrower M.iscellaneous Proceeds or Che party <br /> against whom Borrower has a right of action in regard to M iscellaneous Proceeds. <br /> Barrower shall be in default if any ac�ion ar proceeding, whether civ�l �r criminal, is begu��tha�, in Lender's <br /> judgmen�, could result in forfeiture af the Praperty or other ma�erial�mpairment af Lender's interest in the Property <br /> or rights under this Secu�ity Instrument. Borrower can cure such a d�fault and, if acceleration has occurred, reinstate <br /> as pra�ided in Sectian l$, by Causing �he ac�ian or proceeding to be dismissed with a ruling� that, in Lender's <br /> judgment, precludes forfeiture of�h�Property or other material impairment of Lender's in�erest�n the Property ar <br /> rights under#h�s Secur�ty Instrument. The proceeds of any award or claim far damages that are a�tributable to the <br /> impairment�f Lender's interest in the Proper�y are hereby assigned and shall be paid to Lender. <br /> All Misc�llane�us Praceeds thaf are not applied tfl restara�ion ar repair of the Property sha�l be applied �n�he <br /> order pro�ided far in Sec�ion �. <br /> 11. Borrower Not Reieased; Forbearance By L�nd�r Not a �Vai�er. Extensian of th�time for payment or <br /> � madrfication af amortization of th�sums secured by this Security�nstirumenti granted by Lender to Barrower or any <br /> Successor in Inter�st of Barrow�r sha�l no�operate to rel�ase the liability of Borrower or any Successars in Interest <br /> of Borrower. Lender sha�1 not be re9uired to commenc�proceedings against any Successar in Interest of Borrower <br /> or to refuse to extend time for payment or otherwi se modify amart�zation of the sums secur�d by this Securit� <br /> Instrument by reason of any demand made by�he flriginal Borrower or any Succes�ors in Tnterest of Borrower. Any <br /> farbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of <br /> payments from third p�rsons, entities or Successors in Interest of:Borrower or in amounts less�han�he amount ther� <br /> due, shal� na�be a wai�e�- af or preclude the exercise of any right or remedy. <br /> 12. .lain�and Se�eral Liability; �o-signers; Successors and AsSigns Bound. Borrower ca�enants and agrees <br /> �ha�Barrawer's obliga�ians and liability shall be jaint and se�eral.Hawe�er, any Borrower who co-signs this S�curity <br /> Ins�rument hut does no�execute the Nate�a"co-signer"}: �a�is ca-signing�his Security Instrument�nly to mortgage, <br /> grant and con�ey the co-signer's interest in the Property under the �erms of�his Security Ipstrum�nt; �b} is not <br /> personal�y obligated to pay the sums secured by this Securi�y Instrument; and�c} agrees tha�Lender and any other <br /> Borrower can agree to extend, modify, forbear�r make any accommodations wi�h regard to the terms af this 5ecuri�y <br /> Instrument or the Note without�he co�-signer's consent. <br /> Sub3ect tv the pro�isians af Sectian �7, any Successar in Intere�t of Borr�wer who assumes Borrower's <br /> obligatiflns under this Security Instrument in writing, and is approved by Lender, shall abtain all o�Barrower's rights <br /> and benefits under this Security Instrument. Borrawer shall not�e reieased from Borrower's�bligations and�iabi�ity <br /> NE6RASKA FHA DEED�F TRUST - MERS D�cMagic <br /> N ED�TZ�.FHA �9114115 Pag e 8 of 13 www,da�magic.com <br /> ti <br />