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2oosos5s2 <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, desh~uction, ar Ioss in value of the Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Instrumelrt, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or Ioss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or Ioss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be <br />reduced by the amount of the Miscellaneous Proceeds multiplied by the fallowing fraction: (a) the total amount of <br />the sums secured immediately before the partial taking, destruction, ar loss in value divided by (b) the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid <br />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 <br />the Property immediately before the partial taking, destruction, or Ioss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument <br />whether or oat the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days aRer the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or <br />not then due "Opposing Party" means the third party that owes Bonrower Miscellaneous Proceeds or the party <br />against whom Borrower has 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 <br />Lender's judgment, could result in forfeiture of the Property or ether material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />Declared, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, <br />in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. The proceeds of any award or claim far damages that are <br />attributable to the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Procceds that are not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />12. Borrower Nat Released; Forbearance sy Lender Not a Waiver. Extension of the time for payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or <br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in <br />Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of <br />Borrower or to refuse to extend time for payment ar otherwise modify amortization of the sums secured by this <br />Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's <br />acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the <br />amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-sfgners; Successors and Assigns Bound, Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this <br />Security Instrument but does not execute the Note (a "co-signer"): (a) is cD-signing this Security Instrument only to <br />mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is <br />not personally obligated to pay the sums secured by this Security Instrulrlent; and (c) agrees that Lender and any <br />Nebraska Reed pf'I}vst--5ingie Family---b'annie Mae/F'reddie Mae Unifgwm Iustrument p'orm 30x81/01 <br />MERS Modlfled <br />The Compliance Source, Inc. Page 9 of 14 Medifled by Compliance Source 14301NE 08/00 Rev. 04/08 <br />w~v+vcompilanclesource.¢om Iri2000, The Compnance Source, Inc. <br />I VIII II 1 ~II'~II~ II"I I~I~I'~II~ VIII ~'lII I~III'I"I I~I~I III II I III ~~III "I~~I I'II' III II I II~ (~II I~ I I'I II~II ~I'I I~~I <br />*+ 0 2 8 D 9 D D 4 8 9+ D D A --~, 9+ 1 4* <br />