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2� 1 ��3�21 In the event of a partial taking, destruction, or 1�ss in�alue of the Property in which the fair market �alue of the Property immediately befor�the par��a1 taking, C��StI`L�Ct��I7, or loss in value is less than the amaunt of the sums secured immediatel�hefare the partial taking, d�struction,or loss in�alue, unless Borrovver and Lender otherw�se agree in writing,the Mis�ellaneous Proceeds shall be applied to the sums secured hy this Security Instrument whether or not the sums are then due. If the Property is abandoned�y Borrawer, or if, after natice by Lender t�Borrower that the�pposin� Party(as defned in the next sentence�offers to make an award to settie a c�aim for damages,Borr�wer fails to respand to Lender within 3�days after the date the notice is given,Lender is authorized to coll�ct and ap�ly th�Miscellaneous Proceeds either to restoration ar repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "�pposing Party"means the third party that owes Borrower Miscellaneous Proceeds ar the party a�ainst�vh�m Borrawer has a right af actian in r�gard ta Miscellaneous Proceeds. Borrower shall be in default if any action or pr�ce�ding,whether�ivil or criminal, is begun that, in Lender's judgment, could result in forfe�ture of the Praperty ar other material impairment af Lender's int�r�st in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acce�eratinn has occurred,reinstate as provided in Section �9,by causing the aCtion or pr�ceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment af L�nder's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributa.ble to the impairment af Lender's interest in the Property are hereby assigned and shall be paid ta Lender. All Miscellaneous Proceeds tha�are nat applied to restoration or repa�r of the Property shall be appli�d in the order provid�d f�r in Section 2. 'I 2. Borravr►er Not Releas�d; Forbearance �y Lender Not a Vllai�er. Extension af the time for payment or m�dification of amortization of the sums secured by this Security Instrument granted by Lender to Borrovver or any Successor in Interest of Borrower shall not operate to release the liabi�ity of Borr�wer ar any Successors in Interest of Borrower. Lender shall not be required t� commenCe proceedings against any SucCessor in Interest af Borrower or to refuse t�extend time for payment or otherwise modify amartization of the sums secured by this Secur�ty Instrument by reason af any demand made by the original B�rrower or any Successors in Interest of Borrower. Any forbearance l�y Lender in exercising any r�ght or remedy including,without limitation,Lender's ac�eptance of payments frorn third pers�ns, entities or SuCcessars in Interest of Borr�wer or in amounts�ess than the amount th�n due, shall not be a waiver of or preclude the exercise of any right or remedy. '13. Jaint and Se�eral Liability; Ca-sign�rs; 5ucc�ssors and Assigns Bound. Borrower co�enants and agrees that Borrovver's obligatians and liahil�ty shall be joint and se�era�. However, any Barrower who co-signs th�s Security Instrument but does not e�ecute the Note(a"co-51g17��''��: (a} is c�-�igning this Security Instrument�nly to mortgage, grant and convey the co-s�gner's interest in the Property under the terms of this S�curity Instrument; �b� �s not persanally ol�ligated to pay the sums secured by this Security Instrument;and(c}agrees that Lender and any other Borrower can agree to extend,madify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Not�without the cowsigner's consent. HCFG-0a359 NEBRASKA-Single Family-Fannie MaelFreddie Mac L1NIF�RM INSTRUMENT Fvrm 3028'11�1 VMP� 1�115 Walters Kluwer Financial Services 2�1fiQ50415.3.�.35n9-J2a'15�D30Y Page 19 of 17 "`792 7 �5*