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<br />200702210 <br /> <br />under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized <br />undcr this Section 8. <br />Any amounts disbursed by Lcnder under this Section 8 shaH become additional dcbt of Borrower securcd by this <br />Security Instrumcnt if allowed under Applicable Law. These amounts shall bear interest at thc Note rate from the date of <br />disbursement and shaU bc payable, with such interest, upon notice from Lcnder to Borrower requesting payment. <br />If this Security Instrument is on a leaschold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />9. Mortgage Insurance. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for <br />certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums <br />required to maintain the Mortgage Insurance in effec...1:. <br />10. Assignment of Miscellaneous Proceeds; Forleiture. The Miscellaneous Proceeds of any award or claim for <br />damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for <br />conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, <br />deed of trust or other security agreement with a lien which has priority over this Security Instrument. <br />If the Property is damaged, such Misccllaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall havc the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable Law requires intcrest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. If the 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 excess, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Sccurity Instrument, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has <br />a right of 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 Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights <br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture <br />of the Property or other material impairment of Lender's 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 Lender's 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 Waiver. 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, Lcnder's acceptance ofpayment<; 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 <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the Note (a "co-si!,'llcr"): (a) is co-signing this Security Instrument only to mortgage, grant <br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b~no~ally obligated <br />wan No: 125932486 Initials: - - <br />Nebraska Deed IIfTrust-Single Family-Secondary Lien MERS Modified Form 3801 01/01 <br />_ Tfffi COMPLIANCE SOURCE, lNc.- Page 7 IIf 11 Modified By "The Compliance Sourco, Inc." 1410lNE 0310l <br />www.eompliancesourcc.eom IIIIII11111111111111111111111111 ~1I1111111111111111111111111111111111 02002, The Compl i."ee Soutoe, r"c. <br />