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201207540
<br /> satisfaction, provided thaT such inspection shall be undertaken promptly. Lender may pay for the repairs
<br /> and restoration in a single dishursement or in a series of progress payments as the work is completed.
<br /> Ualess an agreement is made in writing or Applicable I,aw requires interest to be paid on such
<br /> Miscellaneous Proceetls, l.ender shall not be required to pay Borrower any interest or earnings on such
<br /> Miscellan�us Proceeds. If the restorarion or repair is not economically feasible or Lender's s�uriry would
<br /> be lessened, the Miscellan�us Proc�s shall be applied to the sums secured by tiris Security Insuvment,
<br /> whether or not then due, with[he excess, if any, pvd to Borrower. S�ch Miscellan�us Proc,eeds 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[o[he sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br /> paid to Botrower.
<br /> In the event of a partial taking, desttuction, or loss in value of the Property in wlrich the fair mazket value of
<br /> the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
<br /> amourn of the sums secured by this Security Instrumen[immediazely before the partial taking, destruction, or
<br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br /> Instnunern shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br /> fraction: (a)the total aznount of the sums secured immediately before the partial taking, destruction, or loss
<br /> in value divided by(b)the fair market value af the Property immediately before the partial taking,
<br /> destruction, or loss in value. Any balance shall be paid to Borrower.
<br /> In the event of a partial taking, destruction, or loss in value of the Property in wbich the fair muket value of
<br /> the Property immediately before the partial taking, destruction, or loss in value is less than the amoum of the
<br /> sumc secured 'unmediately before the partial taldng, destruction, or loss in value,unless Borrower and
<br /> Lender otherwise agrce in writing, the Miscellan�us Proceeds s6a11 be applied to the sums secured by this
<br /> Security Instrumern whether or not the sums are then due.
<br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that kHe Opposing Party
<br /> (as defined in the next 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 auWorized to collect and apply
<br /> the Miscellan�us Proceeds either to restocation or repair of the Property or to the sums s�ured by this
<br /> Security Instrumern, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br /> Miscellan�us Proceeds or the party against whom Bonower t�as a right of action in regard to Miscellaneous
<br /> Proceeds.
<br /> Bonower shall be in default if any action or procee�ing, whether civil or criminal, is begun that, in Lender's
<br /> judgment, could result in forfeiture of the Property or other mazerial impairment of Lender's interest in the
<br /> Property or rights under this Serurity Instrument. Borrower 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 thaz, in Lender's judgmem, precludes forfeiture of the P[operty 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 L.encier's imerest in the Propetty aze hereby
<br /> assigned and shall be paid to I.ender.
<br /> All Miscellaneous Proceeds that aze not applied to restoration or repair of the Properiy shall be applied in the
<br /> order provided for in Section 2.
<br /> NEBRASKA-Single Family-Fennie MaelFretltlie Mac UNIFORM INSTHUMENT Form 3D28 1/01
<br /> �p B VMPB(NE�111051.00
<br /> Wolters Kluwer Financial Services Page 10 of 17
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