20120261�
<br />satisfaction, 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 eamings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Prac.eeds 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 Secrion 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds sha11
<br />be applied to the sums secured by this 5ecurity Instrument, whether or not then due, with the excess, if any,
<br />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, destrucrion, or loss in value is equal to or greater than the
<br />amount of the sums secured by this Security Instnunent immediately hefore the partial taking, destruction, or
<br />loss in value, unl�s Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount af the sums secured immediately before the partial taking, destrucrion, or loss
<br />in value divided by (b) the fair market value of the Property immediately before the partial taking,
<br />destrucrion, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a partiat tatc�g, destruction, or loss in value of the Property in which the fair market value of
<br />the Property imm�iately before the partial taldng, destruction, or loss in value is less than the amount of the
<br />sums secured imme,c�iately before t�Ce partiat taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree i� vwriting, the Miscellan�us Proceeds shall be applied ta the sums secured by ttus
<br />Securi.ty Instniment whether or nvt the sums are then due.
<br />If the Property is abandon�}. by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an award 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 collect and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />MiscelIaneous Procee�s or the parly against whom Borrower has a right of action in regard to Miscellaneous
<br />Proc,eeds.
<br />Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, could resutt in forfeitiue 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 accelerarion has
<br />occurre,ci, reinstate as provided in Section 19, by causing the action or proceeding 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 Property or rights under this Security Insm�ment. The proceeds of any awazd or
<br />claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby
<br />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 />NEBRASKA-Single Family-Fannia Mea/Fraddie Mac UNIFORM INSTRUMENT
<br />VMP Q
<br />Wolters Kluwer Financial Servtces
<br />Form 3028 1lOt
<br />VMP6(NE) (1105)
<br />Page 10 of 17
<br />r,� .
<br />
|