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20120054�
<br />satisfaction, provided that such inspection sha11 be undertaken promptly. Lender may pay for the repairs
<br />and restoration in a single disbursement or in a series of progress payments as the work is completed.
<br />Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restorarion or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be
<br />applied in the order provided for in S�tion 2.
<br />In the event of a total taldng, destruction, or loss in value of the Property, the Miscellaneous Proc�eeds sha11
<br />he applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Bonower.
<br />In the event of a partial taking, destruction, or loss in value of the Properiy in which the fair market value of
<br />the Properiy immediately before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the sums s�ured by this Se,curity Instrument immediately before the partial taking, destruction, or
<br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Securiry
<br />Instrument sha11 be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fractian: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in vatue divided by (b) the fair mazket value of the Property immediately before the partial taldng,
<br />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 Ptoperty immeciiately before the partial taking, desmiction, or loss in value is I�ss than the amount of the
<br />sums secure� immediately before the partial taking, d�truction, or Ioss in value, �less Borrower and
<br />�.ende� otherverise agr� in writing, the 1Vliscellaneous Proceeds sh�il be applied to the sums securect by this
<br />Security Insmunent v�hether or not the sums are then due.
<br />If the Property is abandoaed by Bnrrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the nem senteIICe) offers to maice an award to settle a claim for damages, Borrower fails to
<br />res�nd to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums se,cured by this
<br />Secvrity Tnstrument, whethe� or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellan�us Proceeds or the parly against whom Borrower has a right of action in regard to Miscellaneous
<br />Proceeris.
<br />Borrower shall Ue in default if any action or procesding, 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
<br />Property or rights under this S�urity Instrument. Borrower can cure such a default and, if acceleration has
<br />�curr�l, reinstate as provided in Section 19, by causing the acrion or proc,eeding to be dismissed with a
<br />ruling that, in Lender's judgment, pre,cludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or
<br />claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellan�us Proceeds that are not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in S�tion 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/07
<br />VMP � VMPBINE) (11051
<br />Wolters Kluwer Financial Services Page 10 of 17
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