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20120435�
<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 earnings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not econotnically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds 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 Proc,eeds 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 />}n t�te event of a partiat taking, destrucrion, or loss in value of the Property in wluch 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 />amo�r►t of the sums secured by this Security Instrument immediately before the partial taking, de.strucrion, or
<br />loss in value, ualess Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reducec� by the amount of the Misceltaneous Proceeds multipIied by the folIowing
<br />fraction: (�) the total amoimt of the su�ns secure� im�mec�iately before the partial taldng, destruction, or loss
<br />in value divided by (b) the fair market value of the Praperty im�ediately before the paztial taking,
<br />destruction, or Ioss in value. A�n.y batance sha1I be paic� to Borrower.
<br />Ia the event of a partial taking, destr�crion, or loss in value of the Property in which the fair market value of
<br />the Froperty immediateIy before the gartiat ta�ng, desc�vctian, or loss in vaive is less than the amount of the
<br />sums s�cured immediatety before tl�e gartial taldng, destruction, or loss in value, unless Borrower and
<br />Lencter otherwise agree ia vvriting, tfie Miscxllan�vs Proc�s shall be applie� to the s�s secured by this
<br />Security Instromern whether at �ot the s�ras are then due.
<br />If the Property is abandoaed by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next �ntence} offers to make an awarct to settle a claim for damages, Bonower fails to
<br />respond to Lender within 3d da:ys after the date the notice is given, Lender is authorized to coll�t and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums se,cured by this
<br />Security Instrument, whettier or not then due. "appasing Party" means the third party that owes Borrower
<br />MisceIIaneous Proceeds or tbe party against whom Borrower has a right of action in regard to Miscellaneaus
<br />Pmceeds.
<br />Borrower sha11 be in default if any action or proceeding, whether civil or criminat, 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. Borrower can cure such a default and, if accelerarion has
<br />occurred, reinstate as provid�i 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 ttris Security Instrument. The proceeds of any award or
<br />claim for damages that are amibutable to the impairment of Lender'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 Section 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Financial Services
<br />Form 3028 1/O1
<br />VMP6(NE) 11105)
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