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�012Q�67� <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds aze hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restorarion or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Properiy to ensure the work has been completed to Lender's satisfacrion, provided that <br />such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Bonower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall <br />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 sha11 be <br />applied to the sums secured by this Security Instrument, 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 Properiy immediately before the partial taking, destruction, or loss 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 loss in value, <br />unless Bonower and Lender otherwise agree in writing, the sums securedby this Security Instrument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fracrion: (a) the total amount of the sums <br />secuted immediately before the partial taking, destruction, or loss in value divided by (b) the fair mazket value of the <br />Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair mazket value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taldng, destruction, or loss in value, unless Bonower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />or not 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 (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restorarion or repair of the Property or to the sums secured by this Security Instrument, whether <br />or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom Bonower has a right of action in regazd to Miscellaneous Proceeds. <br />Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeihue of the Property or other material impairment of Lender' s interest in the Property <br />or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate <br />as provided in Section 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Property or other material impa,irment of Lender's interest in the Property or <br />rights under this Secutity Insttument. The proceeds of any awazd or claim for damages that aze ariributable to the <br />impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br />order 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 amorti�arion of the sums secured by this Security Instrument granted by Lender to Bonower or any <br />Successor in Interest of Bonower shall not operate to release the liability of Bonower or any Successors in Interest <br />of Bonower. Lender shall not be required to commence proceedings against any Successor in Interest of Bonower <br />or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security <br />Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any <br />NEBRASKA Family-UNIFORMINSTRUMENT p�qyeg/�� <br />MODIFlm FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.doanagfc.com <br />(Rev. 1/01) Page 8 of 14 <br />IIIIIIIIIIIIIIIIIIu�IIIIIIIIIIIullll�llllllllllulllll <br />