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2� 17� 1 �� 1 In the eWent of a partial taking,destruction,or loss in�a1ue of the Property in which the fair market �a�ue of the Property immediately before the par�ial taking,destruction,or�ass in value is less than the amount of the sums secured immediateiy before the partial taking,destruction,or lass in value,unless Borrower and Lender otherwise agaree in writing,the Miscellaneous Proceeds shall be applied to�.he sums secured by this Security Instrument whether ar not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Qpposing Party(as def ned in the next sentence}offers to make an a�vard to set��e a claim for damages, Borro�er fails to respond to Lender within 3�days af�er the date the notice�s given,Lender�s authorized to collect and apply the Miscellaneous Proceeds eitber to restoration or repair of the Property or tQ the sums secured by this Security Instrument,whether or not then due. "Qpposing Party"means�he third party that owes Borro�ver Miscellaneous Proceeds or the party against wbom Barrower has a right of action �n re�ard to Misce�ianeous Proceeds. Borrower shatl be in default if any action or prpceeding,whether civil or criminal, is begun that, in Lender's judgment,could result�n forfeiture of the Property or other material impair�ment of Lender's interest in the Property or rights under this Security Instrument. Borrawer can cure such a default and, �f acceleration has occurred,reinstate as provided in Sectio� 18,by causing the ac�ion or proceeding to be dismissed vvith a ruling that,in Lender's judgment,prec�udes forfeiture of the Property or other materia� impaument of Lender's interest in�he Property or rights under this Secur�ty Instrument.The proceeds of any award ar c�aim for damages that are attributab�e to the impairment of Lender's interest in the Property are hereby assigned and sha��be paid to Lender. A1� Miscellaneous Proceeds that are not applied to restoration or repa�r of the Property sha11 be applied in the order pro�ided for in Section 2. 11. �orrowerNot Released;ForbearanceBy LenderNvt a Wai�er. Extension of the t�me for payment or modification of amortization of the sums secured by this Security Instrument graated by Lender to Borrower or any Successor in Interest af Borrower shall not operate to re�ease the liability of Borrower or any Suecessors in In#erest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Insirument by reason of any demand made by the or�ginal Borro�er or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including,without limitatian,Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower ar in amounts�ess than the amount then due,shall not be a waiver of or preclude the exercise of any right or rem�dy. 1 Z. Joint and Se�eral Liab�I�ty;Co-signers;Suc��ssorsand Assi�ns Baund.Borrower covenants and agrees tbat Borrower's obligations and liabi lity sha11 be joint and several. Ho�ever,any Borrower t�vho co-signs this Security Instrument but does not execute the Note(a"co-signer"}: (a}is co-S1�Il1�lg t�115 Security Instrument only to mor�gage,grant and convey the co-signer's interest in the Properry under the terms of th�s Security Instrument; (b}is not personally ob�igated 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�he terms of this Security Instrument or the Note without the co-signer's consent. FHA Deed of Trust W�th MERS-NE 9l34f2414 Bankers SystemsT� VMP� VMP4N(NE}�154fi}.44 Wo�ters Kluwer Financial Services Page 10 of 1? q�336?96U4S3 �233 548 1�17