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200308184 <br />IO.Assignment of Miscellaneous Proceeds; Forfeitune.All Miscellaneous Proceeds are hereby assigned to and shall <br />be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Proceeds, 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 Lenders security would be lessened, 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 Borrower. <br />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 applied to <br />the sums secured by this Security Instrument, whether or not then due, with 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 value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds 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 before the partial <br />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 value of the <br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are <br />then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined <br />in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 <br />days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to <br />restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Opposing <br />Party means the third 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 Lenders judgment, <br />could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this <br />Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 18, <br />by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the <br />Property or other material impairment of Lenders 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 Lenders interest in the Property are <br />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 in the order <br />provided for in Section 2. <br />11.Borrower Not Released; Forbearance By Lender Not a Waver. 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 any <br />Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse <br />to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of <br />any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in <br />exercising any right or remedy including, without limitation, Lenders acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />12.Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that <br />Borrowers obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument <br />but does not execute the Note (a co- signer): (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />NEBRASKA Single Family UNIFORM INSTRUMENT <br />ITEM 2458L7(0011) <br />CVNE10 <br />(Page 7of 11 pages) <br />Mortgage Partner by Automated Mortgage Technologies <br />GREATLAND <br />To Order Call: 1- 800 - 530- 9393Fax: 616 - 791 -1131 <br />N i <br />