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M <br />i <br />i <br />11 11 11 11 <br />* 8 3 9 O <br />NEBRASKA — Single Fam'ly UNIFORM INSTRUMENT <br />Mortgage Cadence Document Center ® 3716 06/13 <br />Page 8 of 14 <br />201803366 <br />Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but <br />is not limited to, entering the Property to make repairs, change locks, replace or board up doors and <br />windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and <br />have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not <br />have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability <br />for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of <br />disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting <br />payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless <br />Lender agrees to the merger in writing. <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous <br />Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />may pay for the repairs and restoration in a single disbursement or in a series of progress payments as <br />the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured <br />by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />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 <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately <br />before the partial taking, destruction, or loss in value. Any balance 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 <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security 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 <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower <br />fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect <br />and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums <br />secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that <br />111 11 I 1 111 I II <br />