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2� 1 ��45�� <br /> In the e�ent of a partial taking,d�struction,or loss in�alue of the Proper�y in which the fair market <br /> �alue of the Property immediately�efore the partial taking,destruction,or loss in value is less than the <br /> amount of the sums secured immediately before the partial tak�ng,destruction,or loss in�alue, unless <br /> Borrower and Lender otherw�se agree in writing,the Miscellaneous Froceeds shall be applied to the <br /> sums secured by this Security Instrument whether ar not the sums are then due. <br /> If the Property is abandoned by B�rrower,or if,after notice hy Lender to Borrower that the�pposing <br /> Party�as defined in the next senten�e}offers to make an award to settle a claim for damages, Borrower <br /> fails to respond to Lender within 34 days after the date the notice is given, Lender is authorized to <br /> cvllect and apply the Miscel�aneous Proceeds ei�her to restoration or repair of the Property or to the <br /> sums secured by this Security Instrument,whether or not then due. "�pposing Party" means the third <br /> party that owes Borrower M�scellaneous Proceeds ar the party against whom Borrower has a right of <br /> action in regard to Misce�laneous Proceeds. <br /> Borrower shall be�n default if any action or pro�eeding,whether ci�il or criminai, is begun that, in <br /> Lender's judgment,cauld result in forfeiture of the Property or other materiai impairment af Lender's <br /> �nterest in the Property or rights under this Security�nstrument. Borrower can cure such a default ar�d, <br /> if ac�eleration has occurred,reins�ate as pro�ided in Section I9,by causing the action or proceeding <br /> to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property ar other <br /> material impairment of Lender's interest in the Property or rights under this Security Instrument.The <br /> praceeds of any award or claim for damages that are attributabl�ta the impairment of Lender's interest <br /> in the Property are hereby ass igned and shal t be paid t�Lender. <br /> All Miscellaneous Proceeds that are not appiied to restoration or repair of the Property shall be applied <br /> in the order pro�ided for in Section 2. <br /> �Z. Borrower Not R�leased; Forbearance By Lender Nat a Wai�er. Extension of the <br /> time far payment or modification of amortization of the sums secured by this Se�urity Instrument <br /> granted by Lender to Borrower or any Su�cessor in interest of Borrower shati not operate to release <br /> the liability of Barrower or any Successars in Interest of Bvrrower. Lender shall nat�e required to <br /> commence proceedings against any Successor in Interest of Borrower or to refuse to extend time <br /> for payment or otherwise modify amorti2atian of the sums secured by this Security Instrument�y <br /> reason of any demand made by the original Borrovwer or any Suc�essors in Interest of Borr�wer. <br /> Any forbearance by Lender in exercising any right or remedy in�luding,wi�hout timitation, Lender's <br /> a��e tance of a ments from third persons,entities or Successors in Interest of Borrower or in <br /> p pY <br /> amounts iess thar�the amount then due, shall not be a wai�er of or pre�lude the exercise�f any right or <br /> remedy. <br /> '13. Join#and 5e�eral Liability; Co-signers; 5u�cessors and Assigns Bound. Borrower <br /> cavenants and agrees that Borrower's obligations and liability shall be joint and se�erai. Howe�er, <br /> any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-5igner'�}: <br /> (a} is co-si�ning this Security Instrument only to mortga�e,grant and can�ey the co-signer's interest <br /> in the Property under the t�rms of this Securit}�Instrument; �b} �s not personaily obligated to pay the <br /> sums secured by this Security Instrument;and(c}agrees that Lender and any other Borrower can <br /> agree to extend, modify, forbear or make any accammodations with regard to the terms of this Security <br /> Instrument or the Nate without th�co-signer's consent. <br /> HCFG-00359 <br /> NEBRASKA-Single Family-Fannie MaelFreddie Ma�IJNIF�RM INSTRUMENT Form 3�281101 <br /> ��y 1'�1'i 5 <br /> Wblters K�uwer Financial 5enrives �01fiIX�30i 5.3.2.3509-.f2016�120Y Page 11 of 1? <br /> . ,� <br />