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20110386G
<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 inspecrion shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursemeat
<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 restorarion 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, deslruction, 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 />Bonower.
<br />In the event of a partial taking, destruction, or loss in value of the Properly 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 pattial 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, destrucrion, or 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 mazket value of
<br />the Properiy immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
<br />secured immediately before the partial ta.king, 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 Properiy is abandoned by Borrower, or if, after notice by Lender to Bonower 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 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 pariy
<br />against whom Bonower has a right of acrion in regard to Miscellaneous Proceeds.
<br />Bonower sha11 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 Properly
<br />or rights under this Security Instrument. Bonower 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 clann for damages that are ariributable to the
<br />impairment of Lender's interest in the Property aze 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 />11. 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 Bonower or any
<br />Successor in Interest of Bonower shall not operate to release the liability of Borrower 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 Bonower or any Successors in Interest of Borrower. Any
<br />forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of
<br />payments from third persons, entiries or Successors in Interest of Bonower or in amounts less than the amount then
<br />due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />Bonower Initials:
<br />NEBRASKA-SingleFamily-UNIFORM INSTRUMENT p�a ��
<br />MODIFlm FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.d � egJc.wm
<br />(Rev. .1 /01) Page 8 of 14
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