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<br />200703609 <br /> <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 />In the event of a total taking, destruction, or loss in value of the Property, 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 />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 <br />the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the <br />partial 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 then <br />due. <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 Security 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 19, 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 />12. 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, Lender's 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 />13. 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 docs not execute the Note (a "co-signer"): (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) is not personally obligated <br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- <br />signer's consent. <br /> <br />Nebraska Deed of Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />-THE COMPLIANCE SOURCE, INC.- Page 9 of 13 <br /> <br />1111111111111111111111111111111111111111111111111111111111111111111111 <br /> <br />www.compliancesoutcc.com <br /> <br />Initials: &1_ _ _ <br /> <br />MERS Modified Fonn 3028 01101 <br />1430 I NE 08/00 <br />@ZOOO, The Compliance Source. Inc. <br /> <br />Loan No: 126267692 <br />