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20180601 <br />be 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 Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />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 <br />or greater than the amount of the sums secured by this Security Instrument immediately before the <br />partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, <br />the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous <br />Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid <br />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 <br />sums 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 <br />collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third <br />party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of <br />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 <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, <br />if acceleration has occurred, reinstate as provided in Section 18, by causing the action or proceeding <br />to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other <br />material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest <br />in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied <br />in the order provided for in Section 2. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by <br />Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability <br />of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence <br />FHA Deed of Trust with MERS -NE <br />Bankers Systems '. VMP® <br />Wolters Kluwer Financial Services <br />2200820451 <br />2018091 31 8.2.0.1920 -J 20180529Y <br />9/30/2014 <br />12/2017 <br />Page 9 of 16 <br />