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2012U5217
<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 Iaw 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 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 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 Borrower.
<br />Ia the event of a paztiat taking, destrucrion, or loss in value of the Ptoperty 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 se,cured by tliis Security Instniment immediately before the partial taldng, destruction, or
<br />loss ia value, unless Borrower and Lender otherwise agree in writing, the sums secure� by this Security
<br />Instruffient sha1l be reduc� by the amou� of the Miscellaneous Froceeds multigliect by the folIowing
<br />fractioa: (a) the tatal, aanorint of the sums secured immediately b�fore the paztial tal�iug, destructiQn, or lass
<br />in vaiue divided by (b? the fair rnuket value of the Property i�ediately before the partial taking,
<br />destruction, or loss in vatue. Aay batance sha1l be paid to Borrower.
<br />In tfie event of a partial taking, de�truction, ar loss in vatue of the Property in which the fair market valtte of
<br />the Froperty immediately before tite p�rtiat talc�g, desizvction, or Ioss i� value is Iess than the amQUnt of the
<br />sums s�r� immediately before the partial taking, d�truction, ar Ioss in value, ualess Borrower and
<br />L,ender othervvise agr� ia writiag, the Miscellaneo�s Froceeds sha1l be applied ta tfie sums s�ured by this
<br />Security Instrument whether or nat the sums are the� due. �
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Oggosing Party
<br />(as defiu� in the next sentence} affers to make an award to settle a claim for da�rages, Borrower fails to
<br />respond to Lender within 30 days after the date the notice is given, T.ender is authorized to collect and apply
<br />the Miscellaneous Pracceds either to restoration or repair of the Property or to tfie sums secured by this
<br />Security IIIStniment, whether or aot then due. "Opposing Pariy" meaus the thud pazty that owes Borrower
<br />Miscellan�us Pr�s ar the party agaiast whom Borrower has a right of actian in regazd to Miscellaneaus
<br />Proce�s.
<br />Borrower shall be in default if any action or pr�eeding, whether civil or criminai, 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 acceleration has
<br />accurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in Lernler's judgment, precludes forfeiture of the Property or other material impaiiment of
<br />Lender's irnerest in the Property or rights under this Security Instrument. The proceeds of any awazd 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 aze not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />PIEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Flnancial Services
<br />Form 3028 1/01
<br />VMP6(NE) (1105)
<br />Page 10 of 17
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