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20120349�
<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 he paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellan�us Proceeds. If the restorarion or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds sha11 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 shall be
<br />applied in the order provided for in Se,ction 2.
<br />In the event of a total taking, desu�uction, 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 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 s�ured by this Se.curity 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 />InstrumeIIt sfiall be reduced by the amount of the Miscellaneous Proceec�s multiplied by the following
<br />fraction: (a) the total amount of the sums s�urefl immediately before the partial taking, destruction, or loss
<br />in value divided by (b) the fair matket value of the Property immediately before the partial taking,
<br />destruction, or Ioss in value. Any balance shall be paid to Borrower.
<br />In the event of a paztial taking, destruction, or loss in value of the Properly in which the fair market value of
<br />the Properiy immediate�y before the partial taking, destruction, or Ioss in vatue is tess than the amount of the
<br />sams securefl immediately before the gartial taking, destrucrion, or loss in value, unless Borrower and
<br />Lender otherwise agree iai wsiting, the Misce2Ianeous Procceds shall be applied to the sums secured by this
<br />Security Instrument whetFier or not the sums are then due.
<br />�f the Property is abandoaed by Borrawer, or if, after norice by Lender to Bortower that the Opposing Party
<br />(as definec� 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 Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrument, whether or not then due. "Qpposing Party" means the third party that owes Borrower
<br />Miscellaaeaus Proceeds or the party against whom Borrower has a right of action in regud to Miscellaneous
<br />Proceeds.
<br />Borrower sha11 he in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, could res�ilt 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 Secrion 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in Lender's judgment, precludes forfeihue of the Progerty or other material impairment of
<br />Lender's interest in the Properly or rights under ttus Security Instrument. The pracceds of any award or
<br />claim for damages that are attributable to the impairment of L.ender's interest in the Property are 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 5ection 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Financ(al Services
<br />Form 3028 1 /01
<br />VMPB(NE) (1105)
<br />Page 10 af 17
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