2 0110 3 0 3� �xx�o58o45
<br />completed. Unless an. agreement is made in wrifiing or Applicable Law requires interest to be paid on such Miscellaneous
<br />Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If the
<br />restorahon or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
<br />applied to the sums secured by this Security Instzument, whether or not then due, with the excess, if any, paid to Borrower.
<br />Such Miscellaneous Proceeds shall be applied in the order provided £or in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied
<br />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, destruotion, or loss in value of the Property in which the fair market value of the
<br />Property immediately before the parkial taking, destruction, or loss in value is equal to or greater than the amount of the srxms
<br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br />Lendes otherwise agree in writing, the sums secured by this SecuriTy Insixument shall be reduced by the amount o£ the
<br />Miscellaneous Proceeds muIriplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br />partial taking, destruction, oa loss in value divided by (b) the fair market value of the Property immediately before the partial
<br />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, desizuction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br />Miscellaneous Proceeds shall be applied ta the sums secured by this Security Imstrument whether or not the sums are then dt�e.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the
<br />next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after
<br />the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair
<br />of the Property or to the sums secured by this Security Inslxument, whether or not then due. "Opposing Party" means the third
<br />party that owes Borrawer Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
<br />Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender`s judgment,
<br />could result in forfeiture of the Property or other material impairment of Lender's interest in the Properiy or rights under this
<br />Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
<br />causing the action or proceeding to be dismissed with a ruling that, i� Lender's judgment, precludes forfeiture of the Property
<br />or other material impairment of Lender's interest in the Properiy or rights under this Security Instrument The proceeds of any
<br />award or claim for damages that are attributable to the impairment o£ Lendez's interest in the Property are hereby assigned and
<br />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 />modifica.tion of amortization of the sums secured by this Secwri.ty Insirument granted by Lender to Borrower or any Successor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successozs in Intexest of Borrower. Lender
<br />shall not be required to commence proceedings against a.ny Successor iaa Interest of Borrower or to refuse to extend time for
<br />payment or otherwise modify amortization of the sums secured by this Security Tnsirument by reason of any demand made by
<br />the original Borrower or any Successors in Interest of Borrower. A.ny forbearance by Lender in exercising any right or remedy
<br />including, without limitation, Lender's acceptance of payments from thixd persons, entities or Successors in Interest of
<br />Borrower or in amounts less than the 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-signers; Successors and Assigns Bound. Borrower covenants and agrees that
<br />Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument
<br />but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the
<br />casigner's interest in the Property under the terms of this Security Inst�vment; (b) is not personally obligated to pay the surns
<br />secured by this Security Tnstrument; and {c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
<br />make any accom�moda.tions vv�th regard to the terms of this Security Ynstrument or the Note without the casigner's consen�
<br />Sub,�ect to tlie provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
<br />under this Security Instrument in writing, and is approved by Lender, sha11 obtain all of Borrower's rights and benefits under
<br />this Security Instrument. Bozrower shall not be released from Bonower's obligations and liability under this Security
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UIVIFORM INSTRUMENT
<br />Modified for VA
<br />� 338.2 Page 8 of 12 Form 30281/Ol
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