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2� 1 ��8481 <br /> In the event of a total taking, destruction, or�oss in value of the Property, the Miscellaneous Proceeds shall be <br /> applied to th�sums secured by this Security Iristrurnent, whether or not then due, with the excess, if any, paid ta <br /> Borrawer. <br /> In the e�ent af a partial taking, des�ruction, or loss in �alue of the Property in which the fair market�alue of <br /> the Property imrnediately before the partial taking, destruction, �r�oss in va�ue is equal to or greater than the amount <br /> af the sums secured by this Security Instrument immediately before the partial taking, destructian, or Ioss in value, <br /> unless Borrower and Lender a�herwise agree in writin�, the sums secured by this Security Instrument shal�be reduced <br /> by the amount of th�Miscellaneous Praceeds multiplied by the following fraction; �a}the to�al amount of the sums <br /> secured immediately before the par�ial taking, destruction, �r loss in�alue di�ided by�b}�he fair marke��alue of the <br /> Property immediatety before the partial taking, destruction, or loss ir��atue. Any balance shall be paid ta Borrawer. <br /> In the��ent of a par�ial taking, destruction, or loss in�alue vf the Property in wh�ch the fair market�alue of <br /> the Property immediat�ly before the pa�-tial taking, destruction, or loss in�alue is�ess than the amoun�af the sums <br /> secured immediately before the partial taking, destructiori, or lvss in�alue, unless Borrower and Lender otherwise <br /> agree in writing, the Mis�eilane�us Proceeds shall be apptied�o the sums secured by this Security Instrument whether <br /> or not the sums are then due. <br /> If the Property is abandoned by Borrower,or if, after notice by L�nder to Borrower�hat the�pposing Party�as <br /> defined in the next sentence} offers to make an award to settie a claim far damages, Borrower faiis to respond to <br /> Lender wi�hin 3D days after the date the notice is given, Lender is authorized�o cnllect and apply the Misce�laneous <br /> Pr�ceeds either to restoration or repair af�he Praperty or to the sums secured by this Security Instrurnent, whether <br /> or nat then due. "�pposing Par�y" means�h�third party �hat owes Borrower MisceIlaneous Proceeds or the party <br /> aga�nst wham Bvrrower has a right of action in regard to Miscellaneous Proceeds. <br /> Borrower shall be in default if any action or praceeding, whether ci�il or criminal, is begun�hat, in Lender's <br /> �udgment, coutd resulf�in forfeitur�of the Praperty or other materiai impairment of Lender's interest in the Praperty <br /> or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred,reinstate <br /> as pravided in Sec�ion 19, by causing the action ar praceeding to be dismissed with a rul ing that, in Lender's <br /> �udgment, precludes forfe��ure of the Proper�y or other material impairment of Lender`s interest in the Prop�rty or <br /> rights under this Security Ins�rument. The proceeds of any award or claim for damages that are at�rihutab�e to the <br /> impairment of Lender's interest in the Fraperty are hereby assigned and shall be paid to Lender. , <br /> A11 Miscellaneous Proceeds that are not appiied to restaration or repair of the Property shall be app�ied in the <br /> order pro�ided for in Secti�n 2. <br /> 12. Borrower Not Released; Forbearance By Lender Not a�Vai�er. Extension of the time f�r payment or <br /> m�difica�ion of amortiza.tion�f the sums secured by this Security Instrumen�granted�y Lender�o Borrower or any <br /> Successar it�Int�rest of Bnrrower shail not aperate to release the liabi�ity of Barrower or any Successors in Inter�st <br /> of Borro�ver. Lender shall n�t be reauired to commence proceedings against any Successor in Interest of Borrower <br /> vr to refuse to extend time for paym�nt or atherwis� modify amortization af the sums secured by this Security <br /> Instrument by reason of any demand made by the nriginal Borrower or any Successors in�nterest of Borrower. Any <br /> forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acc�ptance of <br /> payments from third persons, en�i�ies or Successors�n Interes�of Borrower or in amounts less than the amnunt then <br /> due, shail nat be a waiver of ar preclude the exercise of any right ar remedy. <br /> 13. Joint and Se�erat Liability; Co�signers;Su��essors and Assigns Bound. Borrower ca�enants and agrees <br /> that Borrawer's obiigations and liability shal�be joint and severa�. Hawe�er,any Borrower who co-signs this Security <br /> Instrument but does nat execute the Nnte�a"co-signer"): �a}is ca-signing this Security Instrumen�only to mortgage, <br /> grant and con�ey the ca-signer's interest in the Property under th� terms of this Security Instrument; �b} is nat <br /> personally obligated to pay the sums se�ured by this Security Instrument; and�c}agrees that Lender and any other <br /> Barrower can agree to extend, modrfy, forbear or make any accommodati�ns w�th regard ta the terms of this Security <br /> Instrument or�he Na�e without the ca-signer's consen#. <br /> Sub3ec� to the pro�isions af Sectian 18, any Successor in Interest of Barrawer who assumes Borrower's <br /> obligations under this Security Ins�rument in writing, and is approved by Lender, shall obtain al�af Borrower's rights <br /> and benefits under this Security�nstrument. B�rrower shall not be re�eased from Borrow�r's obligations and l�ability <br /> NEBRASKA--Singl� Family--Fannie MaelFr�ddie Mac UN�FaRM �NSTFtUMENT- MERS Do�A+i�glc <br /> Form 3D28 11�1 Page 9 0� 15 www.d�cmagic.eom <br /> . <br /> . <br />