�Q12Q1�05
<br />sarisfaction, 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 Procceds, Lender shall not be required to pay Bonower any interest or earnings on such
<br />Miscellaneous Proceeds. 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 Borrower. Such Miscellaneous Proceeds sha11 be
<br />applied in the order provided for in 5ection 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />be applied to the sums secured by this S�urity Instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taking, destrucrion, or loss in value is equal to or greater than the
<br />amount of the sums secured by this Security 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 Security
<br />Iffitrument shall be reduced by the amount of the Miscellan�vs Proceeds mulriplied by the following
<br />fi�action: (a) the total amount of the sums secured immediately before the gartial taking, destruction, or loss
<br />in value divided by (b) the fair market vatue of the Property immediately before the partial taking,
<br />de.strucrion, or loss in value. Any balanc� shail be paid to Borrower.
<br />Irc the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of
<br />the Praperiy immediately before the paRial taking, destruction, or Ioss ia value is Iess than the amount of the
<br />sums see�u� immediately before the partial taking, desm�ction, or loss in vatue, unless Borrower anct
<br />L,ea�er othervrise agre,e in writing, the 1dliscellaneous Proceeds shall be appli� to the sums secured by this
<br />Secvrity T��...�+�+�r whettier or not the suins are t�en due.
<br />If tfie Froperty is abandoned by Borrower, or if, after norice by L.ender to Borrower that the Opposing Party
<br />(as defised in the next sentence) offers to make an awazd to settle a claim for damages, Borrower fails to
<br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to coll�t and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Se�urity Instcvment, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscel�aneaus Proceeds or the pariy ag�inst whom Borrower has a right of action in regard to Miscellar�eous
<br />Proceeds.
<br />Borrower shatl be in default if any acrion 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
<br />Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in Lender's judgment, pr�ludes forfeiriue of the Property or other material impairment of
<br />Lender's interest in the Properiy or rights under this Security Instnunent. The procceds of any awazd or
<br />cIaim 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 Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Singie Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Financial Services
<br />Form 3028 1/01
<br />VMP6(NE) 11105)
<br />Page 10 of 17
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