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200508965 Proceeds shall be applied to the sums 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 provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Bo� rower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market v e of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount o the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Bor ower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amoi nt of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediat ly before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately efore the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market v lue of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the s secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree fn writing, the Miscellaneous Proceeds 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 Procu�eds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not ithen due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Bower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that it� Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Prop ert+ 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 dismissed with a ruling that, in Lender's judgment, precluda forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instru nent. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the R operty 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 p�yment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower � to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument b reason of any demand trade 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 less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants d agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mort age, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personall obligated to pay the sums secured by this Security Instrument; and (c) agrees 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 wi ut the co- signer's consent. Loan NO: 121760344 Initials: ,�.. Nebradur peat of Trust-Single Farm'ly- Fannie MaeWreddie Mae UNIFORM INSTRUMENT THz CoMPLLANcz SOURCE, INCA-- Page 9 of 13 wvrw.ean*=0e8Wreasan lmmu ommiononiiinan MESS Modified 02000, 1 3018 01101 ruvura "M om sour, Inc.