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201204447
<br />satisfaction, provided that such inspecrion 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 he required to pay Bonower 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 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 Proce,eds shall be
<br />applierl in the order provided for in Section 2.
<br />In the event of a total taking, destrucrion, or loss in value of the Property, the Miscellan�us Proceeds shall
<br />be applied to the sums secured by this Se,curity 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 iu which the fair market value of
<br />the Ftoperty immediately before the partial taking, destrucrion, or loss in value is equal to or greater than the
<br />amoimt of the sums secured by this Security Instrument immediately before the partial taldng, destruction, or
<br />Ioss in value, unl�s Barrower and Lender otherwise agree in writing, the sums secure,d by this �curity
<br />Instn�ment shaa2ll be rerluced by the amount of the Miscellaneous Froc�eds multiplied by the following
<br />firaction: (a) the total amount of the sums secured immediately before the parti�i taking, destrucrion, or loss
<br />in vatue divided by (b) the fair mazket value of the Property immediately before the partial taking,
<br />destruction, or Ioss in value. Any balance shai� be paid to Borrower.
<br />In the evem of a partiat taidng, destr�ction, or loss in value of the Property in wtcich the fair market value of
<br />the Property im�iateIy before the partial taldag, destructian, or Ios.c ia value is less tt�an the amount of the
<br />sums seGUred i�ately before the gartiat tatat►g, destrucrion, or Ioss i� value, unless Borrower and
<br />Lender otherwise agree ia vvrixing, the Miscellaneous Proceeds sh�tt be applied to the sums secured by ttzis
<br />Security Instn�ent whether or not the sums are then due.
<br />If the Property is abaudoned by Borrower, or if, after notice by I�.ender to Borrower that the Opposing Pariy
<br />(as ctefined: iu the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
<br />respond to LeIIder within 30 da:ys after the date the notice is given, Lender is authorized to collect and apply
<br />the N�iscellan�us Proceeds either to restoration or repair of the Froperty or to the sums se,cuzed by this
<br />SecuriLy Tnstt Whether or not then due. "Opposing Party" means the third parly thai owes Borrower
<br />Miscellaneovs Proceeds or the party against whom Borrower 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 tiegun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other material imgairment of Lender's interest in the
<br />Properiy or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has
<br />occurted, reinstate as provided in Section 19, by causing the acrion 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 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 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 MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />VMP � VMP6�NE) (1105)
<br />Wolters Kluwet Financlal Services ° Page 70 of 17
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