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FHA Deed of Trust -NE 9/30/2014 <br />Bankers Systems ""VMP ® VMP4R(kE) 1 S f 04 <br />Wo Kluwer Financial Seances Page <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided <br />that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is <br />not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied <br />to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in <br />value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall <br />be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the <br />fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance <br />shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the <br />Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security <br />Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous <br />Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling <br />that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in <br />the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are <br />attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to <br />Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or <br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in <br />Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest <br />