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201207�9�
<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 />Untess an agreement is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proc�ds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous 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 Borrower. Such Miscellaneous Proceeds shall be
<br />applied 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 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 Barrower.
<br />In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taldng, destruction, or loss in value is equal to or greater than the
<br />amount of the sums secured by ttus Security Instrnment immediately before the partial taking, destrucrion, or
<br />loss in value, unless Borrower anci Lender otherwise agree in writing, the sums secured by this Security
<br />Instivment shall be iedueed by the amouast of the Miscellaneous Proceeds multiplied by the following
<br />fraction: �a) the tota� amount of the sums secured immectiately before the partial taking, destr�ction, ar loss
<br />in value divided by (b) t�ie fair market value of the Properiy immediately before the partial t�.king,
<br />d�struction, or Yoss in value. Any batance shat� be paid to Borrower.
<br />In the event of a ga.rtiat taking, destruccioa, or loss i� value of the Property in which tbe fair �rket value of
<br />the PrQperty i�iately i�fore the parciaF takiag, d�truction, or loss i� value is Iess than the amourn of the
<br />sums secured iunnediateTy befare the partia� taldng, destruction, or loss in value, unless �orrower aad
<br />Lender otherwise agr� in writing, the Missceellaneaus Proceeds shall be applied to the sums secured b}r this
<br />Security Instrciment �+hether oa uot the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentern;e) 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 norice is given, Lender is authorized to colle,ct and apply
<br />the Miscellaneous Praceeds either to restoration or repair of the Property or to the sums s�ured by this
<br />Se.curity Instrument, whether or not then due. "Opposing Party" means the tturc� party that owes �orrower
<br />Miscellan�us Pmceeds ar the pariy against whom Borrawer has a right of acrion in regard to Miscellaneous
<br />Proceeds.
<br />Borrower sh�ll be in default if any acrion or proceed.ing, whether civil or criminal, 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 />Properly or rights under this Security Instrument. Borrower can cure such a default and, if accelerarion has
<br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in Lender's judgment, precludes forfeitute of the Property or other material 'unpairment of
<br />L.ender's interest in the Property or rights under this Security Insm�ment. The praceeds of any awazd or
<br />claim for dama.ges 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 Miscellan�us 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 Form 3028 1/01
<br />VMP � VMPB(NE) (7105)
<br />Wolters Kluwer Financial Services Page 10 of 17
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