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20120344�
<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 lesseneci, the Miscellaneous Procee�s 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 Proceetis 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 s�ured by this S�urity Instrument, whether or not then due, with the excess, if any,
<br />paid to Bonower.
<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, 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 vatue, 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 mulriplied by the following
<br />fraction: (a} the totat amount of the su� secured immediately before the partial taking, desmicrioII, or loss
<br />in value divided by (b) the fair market vaiue of the Property immediately before the partial taldng,
<br />destruction, or loss in. value. Any balance shall be paid to Borrower.
<br />In tfie event af � gattial talang, destruction, or Ioss in value of the Properiy in which the fair market value of
<br />the Propert�r �ely before the gartiai taldng, destrucrion, or loss in value is less than the amount of the
<br />sums secure� i�mediately before the partial taking, destruction, or loss in value, ur�less Borrower and
<br />Lender otherwise agr�e in writing, the Miscellaneous Proceeds shali be apptied to the snrns secured by this
<br />Se,curity Instr�e� v�hether or not the sums are then due.
<br />If the Property is abaactone.� by Barrower, 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 I.ender wit�hin 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums se,cured by this
<br />Seeririty Instrcnnent, �+hether or not then due. "fJpposing Party" means tfie third party that owes Borrower
<br />Miscellaneovs Froc�ec�s or the party against whom Bonower has a right of action in regard to Miscellaneous
<br />Procesds.
<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 im�airment of Lender's interest in the
<br />Properiy or rights under this S�urity Insmiment. Bonower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 19, by causing the acrion or praceeding 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 awazd or
<br />claun for damages that aze amibutable to the nnpairment of Lender's interest in the Property are hereby
<br />assigned 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 Section 2.
<br />NEBRASKA-Single Famlly-Fannie Mae/Freddte Mac UNIFORM INSTRUMEIVT
<br />VMP �
<br />Wohers Kluwer Financial Services
<br />Form 3028 1/01
<br />VMP6�NE) 11105)
<br />Page 10 of 17
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