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201108523
<br />satisfaction, provided that such inspection shall be undertalcen promptly. Lender may pay for the repairs
<br />and restoration in a single disbursement or in a series of pragress payinents 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 sitch
<br />Miscellaneous Proceeds. If the restoration 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 Instru�nent,
<br />whether or not then due, with the excess, if any, paid to Bortower_ Such Miscellaneous Proce�s 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 appliec� to the sums secured by this Security Instrusnent, whether or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair market value of
<br />the Properiy immediately before the partial taking, destruction, or loss in value is equal to ar greatet than the
<br />amount af the sums secured by this Security Instrument immediately before the partial taking, deshuction, or
<br />loss in value, unless Bonower and Lender otherwise agree in writing, the sums secured by this Securitty
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the fallowing
<br />fraction: (a} the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in vatue divided by (b) the fair market value of 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, desriuction, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taking, destruction, ar loss in value is less than the amount of the
<br />sums secured immediately before the partial taking, destruction, or loss in value, unless Bonower and
<br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
<br />Security Instruxnent whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Bonower that the Opposing Party
<br />(as defined in the next sentence) offers to make an award to seitle a claim for damages, Borrower fails to
<br />respond to Lendet within 30 days after the date the notice is given, Lender is authorized to coll�t and apply
<br />the Miscellaneous Ptoceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instnunent, whether or not then due. "Opposing Pariy" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begnan that, in Lender's
<br />judgment, could result in forfeiiure of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Instrument. Bortower 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 Property or rights under this Security Instrument. The proceeds of any award or
<br />claim for damages that are attributable to the impaument of Lender's interest in the Property are hereby
<br />assigned and sha11 be paid to Lender.
<br />All Miscellaneous 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 />NEBRA3KASingle Familyfan�ie MaelFreddie Mac UNIFORM INSTRUMENT Form 30281/01
<br />VMP � VMPS(NE) {1105).00
<br />Wolters Kluwer Financial Services Page 10 of 17
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