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24120349�
<br />sarisfaction, provided that such inspection sha11 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 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 Procseds shall be applied to the sums seeured by this Security Instnunent,
<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 />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Bonower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair mazket value of
<br />the Property immediately before the partial taldng, destrucrion, or loss in value is equal to or greater than the
<br />amount of the surns secured by this Security Instrument immediately before the partial taking, destruction, or
<br />lo� i� vatue, unless Borrower and Lender otherwise agr� in writing, the sums secured by this Security
<br />Instrument shalI be reduced by the �ount of the Miscellan�us Proceeds mulriplied by the following
<br />fraction: (a} the total amount af the sums secured immediately before the pazrial taldng, destruction, or loss
<br />in value divided by (b) the fair market value of the Property immediately before the partial taking,
<br />desttuction, or loss in value. Any balance sha11 be paid to Borrower.
<br />In the eveentt of a partial taking, destruction, or Ioss in value of the Property in which the fair market value of
<br />t�e Property immediately before tfle paltial taking, destraction, or loss in value is less than the amount of the
<br />� secur� irnme�iaiely before the partiat taking, destruction, or Ioss in value, unless Borrower and
<br />T.ender otherwise agree in writittg, the Miscellan�us Proceeds shall be applied to the sums secured by this
<br />Security Iustrument whether or not tfie sums are then due.
<br />If the Propescy is abandv� by Borrower, or i€, after notice by Lenc�er to Borrower that the Opposing Party
<br />(as defined in tlie next seuteicce) affers to make an awazd to settle a claim for damages, Bonower fails to
<br />resporni to Len�er within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaneous Procceds either to restoration or repair of the Property or to the sums se,cured by this
<br />Se�uity Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />MiscellaIIeous Proceeds or the pazty against whom Bonower has a right of action in regazd to Miscellan�us
<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 />Pro�rty 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 tke acrion or praceeding to be dismissed with a
<br />ruling that, in Lender's judgment, precludes forfeittue 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 award or
<br />claim for damages that are 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-Fannie Mae/Freddie Mac UNIFORM IMSTRUMENT Form 3028 1l01
<br />VMP Q VMPB(NE) (1105)
<br />Wolters Kluwer Flnancial Services Page 10 of 17
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