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20�20749�
<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 Proc,eeds, Lender shall not be required to pay Bonower 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 Miscellan�us Proc.eeds 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 Secrion 2.
<br />In the event o€ 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 />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediate�y before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the su� secured by this Security Instrument immediately before the partial� taldng, destruction, or
<br />Ioss in value, unt�s Borrower and L.ender otherwise agree in writing, the sum,s se,cured by this Securit}r
<br />Instrument shall be reduc�d by the amount of the Miscellan�us Proceeds multiplied by the following
<br />fraction: (a� tlte tataT amount of the sums secured immediately before the partial ta�ng, destruction, or loss
<br />ut value dividefl by (b1 the fair market value of the Property immediately before the partial taking,
<br />cfiestructioaa, er loss ia value. Any balance shall � paid to Borrewer.
<br />In tl�e eve�t o€ � p� tal�ng, destruction, or loss in v�lue of the Propert.y in, vwhich the fair market vatue of
<br />tbe Property �y be�ore the partial r��, destr�ctian, er lass in va�ue is less th�� the amount o€ the
<br />su� s� �eE�r l�fore the partial ta�ng, destruction, or Ioss i�s vaiue, unless Bvrrower a�►d
<br />F..eateter etherwise agEe�e ia, �ting, tl�e Miscellaaeous Fro�ds shalI i� a�xiie.c� to the svms secnred by this
<br />Security I� wrfietEcer es� aot t�te su� are then dtte.
<br />If t�ie Property is ab�onett by �orrower, or if, after notice by Le�tder to Borrovver that the Opposing Party
<br />(as defined in the neRt sentence) offers to make an award to settle a claim for damages, Borrower fails to
<br />respond to L,ender wi�sn. 3d days after the date the notice is given, L,ender is authorized to collect and apply
<br />the Miscellau�us Proce�s either to restoration or repair of the Property or to the sums secured by tfiis
<br />Seeutity jnstrument, whether or not then due. "Opposing Party" means the thisd party that owes Borrower
<br />Miscellaaeous Proceed.s or the party against whom Bonower has a right of acrion in regard to Miscellaneous
<br />Prc�ds.
<br />Borrower shall be in default if any acrion or proceeding, 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 />Property or rights under this 5ecurity Instrument. Bonower can cure such a default and, if acceleration 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 forfeiture of the Property or other material impairment of
<br />Lender's interest in the Propert}t or rights under this Security Instrument. The proceeds of any awazd or
<br />claim for damages that aze attributable to the impaiiment of Lender's interest in the Property are hereby
<br />assigned and sha�l be paid to I,ender.
<br />All Miscellaneous Proc.eeds that are not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in S�tion 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Walters Kluwer Financial Services
<br />Form 3028 1/O7
<br />VMP6WE) (1105)
<br />Page 10 of 17
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