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201109029 <br /> 10. Assignment of Misceilaneaus Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br /> and shali 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 /> restorarion 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 undertalcen promptly. Lender xnay pay for the repairs and restaration 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 restorarion or repair is not economically feasible or <br /> Lender's security would be lessened,the Miscellaneous Proceeds sha11 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, 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 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, destruction, 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 market 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 taking, destruction, or loss in value, unless Borrower and Lender otherwise <br /> agree in writing,the Miscellaneous Proceeds sha11 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 far damages, Barrower 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 5ecurity 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 Properry 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 sha11 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 Borrower or any <br /> Successor in Interest of Borr�wer 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 suins 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 pocMagfc�l�; <br /> MODIFIm FOR DEPARTMENT OF VETERANS AFFAIRS-MERS www.docmagic.com <br /> (Rev. 1/01) Page 8 of 14 <br /> II'II�II)III'll'III�'I IIII(I II I II(I I�(IIIII IIIIIII�I'I�III <br />