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202303186 the Miscellaneous Proceeds will be appl ed to the sums secured by this Security Instrument unless Borrower and Lender otherwise agree in writing. The ount of the Miscellaneous Proceeds that will be so applied is determined by multiplying the total amount of the iscellaneous Proceeds by a percentage calculated by taking (i) the total amount of the sums secured immediately .efore the Partial Devaluation, and dividing it by (ii) the fair market value of the Property immediately before the P rtial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to Borrower. In the event of a Partial Devaluation where the fair market value of the Property immediately before the Partial Devaluation is less than the amount of the sums secured immediately before the Partial Devaluation, all of the Miscellaneous Proceeds will be applied td the sums secured by this Security Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in writing. (d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the sums secured by this Security Instrumenit, whether or not then due, or to restoration or repair of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 days after the date Lender notifies Borrower that the Opposing Party (as defined in the next sentence) offers to settle a claim for damages. "Opposing Party" means the third party that owes Borrower the Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to the Miscellaneous Proceeds. (e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any action or proceeding begins, whether civil or criminal, that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument. Borrower can cure such a Default and, if acceleration has occurred, reinstate as provided in Section 20, by causing the action or proceeding to be dismissed with a ruling that, in Lender' s judgment, precludes forfeiture of the Property or other material impairment of Lender' s interest in the Property or rights under this Security Instrument. Borrower is unconditionally assigning to Lender the proceeds of any award or claim for damages that are attributable to the impairment of Lender' s interest in the Property, which proceeds will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be applied in the order that Partial Payments are applied in Section 2(b). 13. Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Successor in Interest of Borrower will not be released from liability under this Security Instrument if Lender extends the time for payment or modifies the amortization of the sums secured by this Security Instrument. Lender will not be required to commence proceedings against any Successor in Interest of Borrower, or to refuse to extend time for payment or otherwise modify amortization of the surkis 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 persons, entities, or Successors in Interest of Borrower or in amounts lest than the amount then due, will not be a waiver of, or preclude the exercise of, any right or remedy by Lender. 14. Joint and Several Liability; . ignatories; Successors and Assigns Bound. Borrower' s obligations and liability under this Security Instrument ill be joint and several. However, any Borrower who signs this Security Instrument but does not sign the Note: (a) signs this Security Instrument to mortgage, grant, and convey such Borrower' s interest in the Property unde the terms of this Security Instrument; (b) signs this Security Instrument to waive any applicable inchoate rights suc as dower and curtesy and any available homestead exemptions; (c) signs this Security Instrument to assign any Mi . cellaneous Proceeds, Rents, or other earnings from the Property to Lender; (d) is not personally obligated to pay th sums due under the Note or this Security Instrument; and (e) agrees that Lender and any other Borrower can agr=e to extend, modify, forbear, or make any accommodations with regard to the terms of the Note or this Security nstrument without such Borrower' s consent and without affecting such Borrower' s obligations under this Securi Instrument. Subject to the provisions of Secti.n 19, any Successor in Interest of Borrower who assumes Borrower' s obligations under this Security Instrumen in writing, and is approved by Lender, will obtain all of Borrower' s rights, NEBRASKA - Single Family - Fannie Mae/Fr-ddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 1 Page 12 of 19 *DocMagic 20230622075742 -1223251483 -ED