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LOAN #: 8736750 complete» to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay or the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnin•s on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's ecurity would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellan: ous Proceeds shall be applied in the order provided for in Section 2. In the vent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be a•plied to the sums secured by this Security Instrument, whether or not then due, with the excess, if : ny, paid to Borrower. In the vent of a partial taking, destruction, or loss in value of the Property in which the fair market value of t e Property immediately before the partial taking, destruction, or Toss in value is equal to or greater th- n the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured b this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied •y the following fraction: (a) the total amount of the sums secured immediately before the partial taki g, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the •artial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the vent of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Tess than the amount of he sums secured immediately before the partial taking, destruction, or Toss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secu ed by this Security Instrument whether or not the sums are then due. If the P operty is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as d: fined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply t e Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes = orrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrowr shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's ju•gment, could result in forfeiture of the Property or other material impairment of Lender's interest in t e Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismi sed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material im•airment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Prope y are hereby assigned and shall be paid to Lender. All Misc Ilaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in th • order provided for in Section 2. 12. Bor ower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or odification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest 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 m • dify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third person , entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall no be a waiver of or preclude the exercise of any right or remedy. 13. Join and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees t at Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security lnst ment only to mortgage, grant and convey the co- signer's interest in the Property under the terms of his Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instr ment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the c•- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's o• ligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrowe 's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's ob igations and liability under this Security Instrument unless Lender agrees to such release in writing. Th covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) a d benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's de suit, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to a y other fees, the absence of express authority in this Security Instrument to charge a specific fee to c orrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fee, that are expressly prohibited by this Security Instrument or by Applicable La .� �� c Initials. ' —L►—S NEBRASKA - -Sin le Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Page 7 of 10 NEUDEED 0415 NEUDEED (CLS) 06/22/2017 09:17 AM PST Ellie Mae, Inc. 201704337