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20 �20i52!
<br />satisfacrion, provided that such inspection shall 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 Procceds. If the restoration 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 Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />he applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In the event of a partial taking, desriuction, 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
<br />amount of the swns secur� by this S�urity Instrument immediateiy before the partial taking, destruction, or
<br />loss in value, uniess Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />In�r„�t„et±r sI�a1I be reduced by the amount of the Miscellaneous Pr�s multiplied by the following
<br />fraction: (a) the totai amount of the sums secured immediately before the partial taking, destructian, or loss
<br />in value divided by (b) the fair market value of the Property immediately before the partial taldng,
<br />d�truction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a partial taking, dest�ction, or loss in value of the Property in wIuch the fair market value of
<br />the Froperty imm�liately b�fare the partial ta�ng, destrucrion, or Ioss in value is Iess than the amaunt of the
<br />soms se�eurec� imme.�iately befQre the gartial taking, destruction, or Ioss in value, unless Borrower and
<br />Lender othervKise agree in writing, the Miscellaneous Proceeds sha11 be applied to the sums securec� by this
<br />Security Instrt�tent v�+het�er or not the sums are then due.
<br />If the Froperty is abandonert by Borrower, or if, after notice by I�nder to Borrower that the Opposing Party
<br />(as define�i in the next seatence) offers ta make an award to settle a claim for da.mages, Borrower fails to
<br />respond to Lender within 30 days after the date the norice 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 secured by this
<br />Security Insttvment, whether or not tfien due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is hegun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
<br />Properiy or rights under this 5ecurity Instrument. Borrower can cure such a default and, if acceleration has
<br />occurrai, reinstate as provided in Secrion 19, by causing the acrion or groceeding to be dismissed with a
<br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Properiy or rights under this Security Instivment. The proceeds of any awazd or
<br />claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shall he 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 5ection 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01
<br />VMP � VMP6(NE) (1105)
<br />Wolters Kluwer F(nancial Services Page 70 of 17
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