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201203�6�
<br />satisfaction, provided that such inspection sha11 be underta.ken 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 Bonower 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 Proc.eeds shall be applied to the sums secured by this Security Insmunent,
<br />whether or not then due, with the excess, if any, paid to Borrower. 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 />be 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, 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
<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 />Instrument shall be reduced by the amount of the Miscellan�us Proceeds multiplied by the following
<br />fraction: (a) the total amount of the sumS secured immediately before the p�rtial taking, destruction, or loss
<br />ia value divided by (b) tfie fair market value of the Property immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a pa�tial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property imnnediately before the partial taldng, destructian, or loss in value is Iess than the amount of the
<br />sums seeured immediately �fore the partial taidng, destruction, or lass in. value, untess Bonower and
<br />Lender otherwise agre,e in writing, the Miscellaneaus Proc�ds sha11 be appli�i to the sums se,cured by this
<br />Security Instrument whether or not the sums are then due.
<br />If the Property is abaadoned by Borrower, or if, after notice by Lender to �orrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an a�+ard 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 colle,ct and apply
<br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Insmiment, whether or not then due. "Opposing Party" means the third pazty that owes Borrower
<br />Miscellaneous Froceeds 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 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, precludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Properiy or rights under this Security Instrument. The procceds of any award or
<br />claim for damages that are attributable to the impaiiment of Lender's interest in the Property are hereby
<br />assigne� and shall be paid to Lender.
<br />All Miscellaneous Proc�eeds that are not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in S�rion 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Woltera Kluwer Financial Services
<br />Form 3028 1 /01
<br />VMP6INE) 11105)
<br />Page 10 of 17
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