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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 <br />