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200208474 promptly_ Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed_ Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If It,. restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the suns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provides) for in Section 2. In the event of a total taking, destruction, or loss in value of [lie Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not their due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fah' market value of the Property inanediately before the partial taking destruction, or loss in value is equal to or greater than the amount of the suits secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction, (a) the trial amount of the sums seemed immediately before the partial taking destruction, or loss in value divided by (b) the fah market value of the Property immediately before the partial taking, de tractino, or loss in value. Any balance shall be paid N Bun.wer. In the event of a partial inking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is Ins than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Pureeeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or In the sums secured by this Security Instrument, whether or not then due_ "Opposing Party" means the third party that owes Borrower Miacellaneous Proceeds or the party against whom Burrower has a right of action in regard to Miscellaneous Proceeds_ Burrower shall be in default if any action or procceding whether civil or criminal, is begun that, in Leader's judgment, could result in interfere of the Property or other nalerial 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 19, by causing the action or proceeding to be disuuasid with a ruling that, in Lender's judgment, precludes forfeitmc of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to (lie impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the suns seemed by this Security Instrument granted by Lender to Borrower or any Success., in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Leader shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend fiure for payruci t or otherwise modify amortisation of the sums secured by flits Security Instrument by reason of any demand made by the original Bounwer .r any Successors in Interest of Borrower. Any forbearance by Lender in exercising any light or remedy including without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in am.uts less than the ammmt then due, shall not be a waiver of or preclude the exercise of an y right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability stall be joint mud several_ Llowever, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- signer"): (a) is cu- signing this Security Instnment only to mortgage, grant and convey the co -signer's interest in the Property wider the fruits of this Security Instrument; (b) is not personally Obligated to pay the sums seemed by this Security Iusn mncnt, and (c) ag ess that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assmnes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights mid benefits wider Iflan No: 1735183 Nebraska DCCa of TruebSai& Family - Fannie Mar/Frulilk Mac ITIROIiM INSTRU lNT Fonn 302801101 - IHe. COMPLIANCE SOURCE, INC. Page 8 12 tloolN¢..Oa wow- 'r ... ---A iiiiiiYIIIIlalR11dIY11N1113101111111 omOO The COm pi— 5 —Inv.