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201209385
<br /> ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or rcpair of the
<br /> Property,ifthe restoration or repair is economically feasiblc and Lender's securiry is not lessened. During
<br /> such rcpair and restoration penod,Lender shall have the right to hold such Miscellaneous Proceeds until
<br /> Lender has had an opportuniry to inspect such Property to ensure the work has heen completedto Lender's
<br /> sausfaction,provided that snch inspection shall be undertaken promptly, Lender may pay for tlie repairs
<br /> and restoraUon 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 Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br /> Miscellaneous Proceeds. lf the restoralion or xepair is not economically feasible or Lender's secunty
<br /> �vould be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Secunty
<br /> Instrument,whether or not then due, with the excess,if any,paid to Borrower. Such Miscellaneous
<br /> Proceeds shall be 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
<br /> shall be applied to the sums secured by this Secunty]nstrument,whether or notthen duc,with the excess,
<br /> if any,paid to Borrower.
<br /> ln the event of a partial taking,destruction,or loss in value ofthe Property in��-hich the fair market value
<br /> of the Properly immediately before the partial taking, destruction; or loss in value is equal to or greater
<br /> than thc amount of the sums secured by this Security Inshument nnmediately before the paRial taking,
<br /> destruction, or loss in value;unless Borrower and Lender otherwise agree in writing,the sums secured
<br /> 6y this Securiry Instrument shall be reduced by the amount of the Miscellaneous Proceeds muttiplied by
<br /> the follo�ving fraction: (a)the total amount of the sums secured immediately before the partiai taking,
<br /> destruction, or loss in value divided by(b)the fair market value ofthe Properry immediately before the
<br /> partial taking, destmetion, or loss in value. Any balanee shail be paid to Borrower.
<br /> In the ecent of a partial taking; destruction,or loss in value of the Property in which the fair market value
<br /> ofthe Property immediately before the partial taking,destruction,or loss in value is less than the amount
<br /> of the sums secured immediately before the partial taking, destruction;or loss in value,unless Borrower
<br /> and Lendcr othern�sc agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured
<br /> by this Security Instmment whether or not the sums aze then due.
<br /> If the Property is abandoncd by Borrower, or if, after notice by Lender to Borrower that the Opposing
<br /> Parry (as defined in the next sentence)offcrs to make an awazd to settle a claim for damages,Borrower
<br /> fails to respond to Lender�vithin 30 days aftcrthe date the notice is given,Lender is authorized to collect
<br /> and apply the Misccllaneous Proceeds either to restoration or repair ofthe Property orto the sums secured
<br /> bv this Security Instrumcnt, whether or not then duc. "Opposing Party° means the third party that owes
<br /> Borrower Miscellaneous Procecds or the party against whom Borrower has a right of action in regard to
<br /> Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br /> Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br /> interest in the Property or nghts under d�is Security Instrument. Borrower can cure such a default and,
<br /> if accelcration has occurred, reinstate as provided in Section 19,by causing the action or proceeding to
<br /> be dismissed with a ruling that,in Lender s judgment,precludes forfeiture of the Property or other material
<br /> impairment of Lender's interest in the Propert}°or rights under ihis Securiry Instrument. The proceeds of
<br /> HCFG-00359
<br /> NEBRASKA-Sngle Famiy-Fannie Ma&FreEdie Mac UNIFORM INSTRUMENT Porm30281101
<br /> VMP� W112
<br /> Wol[ers Kluwe�Flnancial5ervices 20t2103t4.1.1233&J20120528Y Page 10 of 18
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