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201205280
<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 pmgress payments as the work is completed.
<br />Unlcss an agrccmcnt is madc in writing or Applicablc Law rcquires intcrest to bc paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower an}� interest or earnings on such
<br />Misce11�1neous 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 Instrumenl,
<br />whether or not then due, with the e�cess, if any, paid to Borrower. 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 tl�e Properiy, the Miscellaneous Proceeds shall
<br />be applied to the surns secured by this Security Instrument, whether or not then due, with the etcess, if any,
<br />paid to Borrower.
<br />In die event of a p�rtial taking, �iestruction, or loss in value of the Pmperty in which the fair market value of
<br />the Propert�� immediately before the partial taking, destructioi�, or loss in value is equal to or greater than the
<br />amount of the sums secured by this Security Instrument immediately before the pariial taking, destruction, or
<br />loss in value, unless Borro�ver and Lender otherwise �gree in writing, the sums secured by this Security
<br />Instnunent sY�all be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in value divided by (b) the fair market value of the Property immediately- before the partial taking
<br />destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In thc cvcnt of a partial taking, dcstruction, or loss in valuc of thc Property in which thc fair markct valuc of
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
<br />sums secured immediately before the partial taking, destruclion, or loss in value, unless Bonower and
<br />Lender othen;�ise agree in writing, the Miscellaneous Proceeds shall be applied to lhe sums secured by this
<br />Securin instrument whether or not the sums are then due.
<br />If the Propert,y is abandoned by Bonower, or if, after no6ce by Lender to Borroa�er that the Opposing Pariy
<br />(as defined in the ne��t 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 />thc Misccllancous Procccds cithcr to restoration or rcpair of thc Property or to thc sums sccurcd by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the part_y against whom Borrower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />Borrower slk�ll 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 die Pmperty or other material impairment of Lender's interest in the
<br />Property or rights under this Securifi Instrument. Borrower can cure such a default and, if acceleration has
<br />occuired, reinstate as provided in Section 19, b.r' causing the action or proceeding to be dismissed with a
<br />ruling that, in Lender's judgmen�. precludes forfeiture of the Properi}� or other material impairment of
<br />Lcndcr's intcrest in thc Property or rights undcr this Sccurity Instrumcnt. Thc pmcccds of any a�vard 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 />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />VMPB 110 00
<br />VMP� Pa e10of17
<br />Wolters Kluwer Financial Servicas 9
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