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� 2� 1 ��3122 <br /> In�he e�ent of a total taking, destruc�ion, ar lass in va�ue of�he Property, the Miscellaneaus Proceeds shall be <br /> applied �o the sums secured by this Securr�y Instrumen�, whether nr nat then due, vvith the excess, if any, paid to <br /> Borrower. <br /> In the e�en�of a partial taking, destruc�ion, or lass �n �a�ue of the Property in which the fair market�alue af <br /> the Property immediately bef�re the partial taking, destruc�ion, or loss in�alue is equa]to ar greater thar�the amount <br /> of the sums se�ured by this Security Instrument immedia�ely before the partial�aking, destructiop, or �ass ip Walue, <br /> unless Borrower and Lender othervWise agree in writing, the sums secured by this Security Instrument shall be reduced <br /> by the amount�f the Miscel�aneous ProGeeds multiplied by the following fraction: �a�the t�ta� amount of the sums <br /> secured immediate�y befare�he partial tak�ng, destructian, or loss in�alue di�ided by�b}the fair market value of the <br /> Property immed�ately before the partial taking, destruGtion, or loss in value. Any balan�e shall be paid�o Borrovver. <br /> In the e�ent of a par�ial �aking, destruction, ar loss in �a�ue of the Proper�y in vvhich the fair market value of <br />� the Fraper�y immediate�y before the partia�tak�ng, destru�t�on, ar loss in �alue is �ess than the amaunt of the sums <br /> secured immediately b�for�the par�ial �aking, destruction, or �oss in Walue, unless Borrawer and Lender otherwise <br /> agree in wri��ng, the M�scellaneous Proceeds sha)]be applied to the sums se�ured by this Security Ins�rument whether <br /> or not the sums are then due. <br /> if the Propert��s abandoned by Borrawer, or if, after notice by L�nd�r to Borrower that the�pposing Party(as <br /> def ned in �he next sentence} offers to make an avvard �o set�le a claim for damages, Borrower fai�s to respond ta <br /> Lender within 30 days after the date the notice is gi�en, Lender is authorized to collect and app�y the Miscellaneaus <br /> Praceeds e�ther to restoration or repair af�he Froperty or to the sums se�ured by this S�curi�ty Instrument, wh�ther <br /> or not then due. "[�pposing Party" means the third par�y �hat owes B�rrawer Miscellaneous Proce�ds or the party <br /> against vWhorn Borrovver has a right of acti�n �n regard to Miscellan�ous Proceeds. <br /> Borrower shalI be in default if any action or proceeding, whe�her civil or crim�nal, �s begun that, in Lender'� <br /> �udgment, could resu��in forf�iture of�he Property or other material�mpairment of Lender's interest in the Property <br /> or rights under this Secur�ty Ins�rument. Borrow�r can cure suGh a defau�t and, if accelerati�n has o�curred, reinstate <br /> as pra�ided in Sectian ]$, by causing the action or proceeding to be d�smissed with a ruling that, in Lender's <br /> judgmen�, preclud�s forfe�ture of the Property or ather material �mpairmen�of Lender's ipterest in the Property or <br /> r�ghts under th�s Security �nstrument. The pro�eeds of any av�ard �r clarm for damages that are attributable to the <br /> impairment af Lender's infieres� in the Property are he�eby assigned and shal� be pard to Lender. <br /> A�l Misce�laneous Proceeds that are n�t app�ied�o restarat�an or repair of the Property shall be applied in the <br /> �rder prn�ided for in Section 2. <br /> 11. Borrawer Not Released; Forbearan�e Sy Lender Not a Wai�er. Extension of the time for payment ar <br /> mad�f cation of amortization af the sums secured by this Security Instrument granted by Lepder to Bo�rower or any <br /> Successor in Interest of Borro�er shall n�t operate ta re�ease the �iability of Barrawer or any Suc�essors in Interes� <br /> of Borrovver. Lend�r shall not be re�uired to commence proceedings agains�any Successor in Interest of Borrower <br /> or to r�fuse ta ex�end time for payment or otherv�ise modify amortization of the sums secured by this Securi�y <br /> Ins�ru�nent by reason of any demand made by the original Borrovver or any Success�rs rn Interest of Barrower. Any <br /> forbearance by Lender in exercising any right or remedy including, vvithout lim�tation, Lender's acceptance of <br /> payments fr�m third persans, entities or Successors in Interest of Borrawer or in a�nounts less thap the amount then <br /> due, shal� nat be a v�ai�er of or prec�ude�he ex�rcis� af any righ� or remedy. <br /> 12. Joint and Se�eral i,i�bil�ty; Co-5igners; Suc�essors and Ass�gns Bound. Borrower covenants and agrees <br /> that Borrower's obiiga�ions and�iability shall be joint and se�eral. Hawe�er,any Borrovver who co-signs this Security <br /> Instrument but does nat execute the Note�a"co-signer"): �a}is co-s�gning this Security Instrument only to martgage, <br /> grant and con�ey the co-signer's interest rn the Property under the t�rms of this Security Instrument; �b� is not <br /> personalIy obliga�ed to pay the sums se�ured by this Se�urity Instrum�nt; and �c} agrees that Lender and any other <br /> Borrowe�r can agree ta extend, modify, forbear ar make any accornmodations with regard to the terms of�hts Secur�ty <br /> Ins�rument or the Note without the c�- sigper's �onsent. <br /> Subje�t to the pro�isians af Section I 7, any Successor 1p Interest af Borravver who assumes Borrower's <br /> obligations under this Security Instrument�n writing, and is appraved by Lender, shall obtain all of Borrower's rights <br /> and benefits under th�s Security Instrument. Borrovver sha�l no�be re�eased from Borrower's obligations and�iab�l��y <br /> NEBRASKA FHA DEED QF TRUST - [1lIERS DvelVlagi� a <br /> N ED�TZ�.FHA 0 911411� Pag e 8 v� 13 www,docmagrc.com <br />