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'-'O2!O9O61 <br />1000142150 1000142150 <br />building or other code violations or dangerous conditions, and have utilities turned on or off. Although <br />Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or <br />obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized <br />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. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel <br />the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the <br />ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge <br />unless 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. During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds 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. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />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 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 or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this <br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the <br />following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value divided by (b) the fair market value of the Property immediately before the <br />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 <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to <br />FHA Nebraska Deed of Trust - 09/15 <br />[cxl 19385.21 Page 8 of 14 <br />Initials: (11/11 <br />