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201401310
<br /> 10. Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are 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 restoration 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 Property to ensure the work has been completed to Lender's satisfaction, provided that
<br /> such inspection shall be undertaken promptly. Lender may pay far 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 Borrower any
<br /> interest ar earnings on such Miscellaneous Proceeds. If the restoration ar repair is not economically feasible ar
<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 Borrower. 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 shall 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, ar loss in value of the Property in which the fair market value of
<br /> the Property 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 Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
<br /> by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums
<br /> secured immediately before the partial taking, desh-uction, ar loss in value divided by(b)the fair market value of the
<br /> Property immediately before the 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
<br /> the Property immediately before the partial taking, destruction, or loss in value is less tl�an 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 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, Borrower 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 restoration 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 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 Lender's
<br /> judgment, could result in forfeiture 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 impairment of Lender's interest in the Property or
<br /> rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable 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 are not applied to restoration or repair of the Property shall be applied in the
<br /> order provided for in Section 2.
<br /> ll. 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
<br /> of Borrower. Lender shall not be required to commence proceedings against any Successar in Interest of Bonower
<br /> or to refuse to extend time far 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 Borrower. Any
<br /> NEBRASKA-Single Family-UNIFORM INSTRUMENT DocMa c�
<br /> MODIFIED FOR DEPARTMENT OF VEfERANS AFFAIRS - MERS �
<br /> (Rev. 1l01) Page 8 of 14 www•docmagic.com
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