|
201207653
<br /> satisfaction, provided fhat such inspection shall be unclertaken pxomptly. I,endei may pay for the repaire
<br /> and restoration in a single disbursemcnt or in a series of progress paymcnts as the work is completed.
<br /> Unless an a�eeinent is made in writiug or Applicahle Law requires interest to be paid on such
<br /> Miscellaneous Pmceeds, Lender shall not be requued to pay Borrower any interest or earnings on such
<br /> Miscellaneous Proceeds. If[he restoration or repair is not economically feasible or Lender's security would
<br /> be lessened, the Miscellaneous Proceeds shall be a,pplied to the suxns secured by this Secu�ity Insirument,
<br /> whether or not then due, witk the eYcess, if auy, paid to Borrow�. Such Miscellaneous Proceeds shall be
<br /> applied in the order provided for in Section 2.
<br /> In the event of a total taldng dcstruction, ox loss in value of the Properry, the Miscellaneous Pxoceeds shall
<br /> Ue applied to the sums secured by this Security Instrument, whether or not then duc, with.the�cess, if any,
<br /> paid to Borrower.
<br /> In the event of a partial talang, destcuction, or loss in value of thc Properry in which the fair markct vaPue of
<br /> the Properiy immediltely before thc paitial taking, destruction, or loss fn value is equai io or greaYer than thc
<br /> amount of the swns secured by this Security Instrument imiuediately before Lhe partiai taking, destnxction, or
<br /> loss in value, unless Borrowex and i,ender otherwise agree in writing, the sums secured by fhis Security
<br /> Instruxnent shall Ue reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br /> fraction: (a)Lhe total atnount of the smns secured immediately before thc parpal taking, desUucfion, or loss
<br /> in value divided by(b) the fair mazket value of tha Property immediately befare the parfial teldug,
<br /> dcstruction, or loss in value. Any balance shall be paid to Borrower.
<br /> In the event of a putial tala�ig, destruction, ar loss in value af the ProperCy in wluch the fair mat9cet value of
<br /> the Propecty inuuediaEaly before tYie partial taking, destruction, or loss in value iA Iess than the amount of the
<br /> sums secured iuunediately before the partizl talcing, destruc`uon, or loss in value, unl�ss Borrower and
<br /> Lender otherwise agree in v✓riting, the Miscellaneous Proceeds sl�all Ue applied to the sums secured by this
<br /> Security Instrumeni whether or not the sums are tl�en due.
<br /> If the Properry is abandoned by Borrower; or if, after notice by L�nder to Bomower that tl�e(?pposing Pariy
<br /> (as defined in the aegt senfence) offers to make an awazd to settle a elaun far damages, Boaower fails to
<br /> res�ond to Lender within 30 days after the date the notice is given, Iznder is auUiorized to collect and apply
<br /> the Miscellanax�s Procceds eitUer to restoration or repair af the Property or to the sums sccured Uy this
<br /> Security Instnunent, whether or noC then due. "Opposing Party" means the third pazty that owes Borrower
<br /> Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miseellaneous
<br /> Proceeds.
<br /> Boaower shall be in default i£any action or proceedi�g, whether civil or criminai, is begun thaf, in Lender's
<br /> j udgnenl, uould resull in furfeiture of the Property or othex material impaixment of Lender's interest vt the
<br /> Properry-or riglrts nnder this Secwity Inshument. Borrower can cure such a default and, if acceleration has
<br /> occurred, reinstate as pro��ded in Section 19, by causing the acrion or�roceeding to Ue dismissed u�ith a
<br /> n,ling tliat, in Lender's judginent, prcclLides forfeihue of the Property or other material impainnen[of
<br /> T,ender's iaterest in the Property or rlghts under this Security Instrument. The proceeds of any award or
<br /> claim for damages that are attributable to the impainnent of Lender's Interest in the Properry are hereby
<br /> assigi�ed and shall be paid to Lender.
<br /> All Miscellaneous Procaeds that aze not applied to restoration or repair of the Properfy shall be applied 3n the
<br /> order provided for in Section 2.
<br /> 24002146
<br /> N EBRASKA-Single Fam ily-Ftnnfe M aelFreOtlie M ac UNIFOFIvI INSTRUM ENT Fofm 3028 1(01
<br /> VM?� VIdP6(NE)(1105)
<br /> W olters Kluuv er Fnzncial Services Page f 0 of 1]
<br />
|