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201�08944
<br />sarisfaction, provided that such insp�rion shall be undertaken promptly. I,ender 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 />Miscellan�us Proc.eeds, Lender shall not be required to pay Bonower any interest or earnings on such
<br />Miscellaneous Proc,eeds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proc.eeds shall be applied to the sums s�ured by this S�urity 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 Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds sha11
<br />be applied to the sums secured by this Se,curity Instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In the event of a partial taking, destntcrion, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the sums s�ured by this Security Instrument immediately before the partial taking, destruction, or
<br />loss in value, unless Bortower and Lender otherwise agree in writing, the sums secured by this 5ecurity
<br />Instrument shall be reduced by the amount of the Miscellan�us Pracceds mulriplied by the folIowing
<br />fraction: (a) the total amount of the sums secured immediately Uefore the partial taking, desmaction, or loss
<br />in value divided by (b) the fair market value of the Property immediately Uefore the partial taldng,
<br />destruction, or Ioss in value. Any balance shall be paid to Borrower.
<br />In the event of a paztiat taking, destrucrion, or loss in value of the Property in which the fair market value of
<br />the Property imm�tiately before the partial taking, destrucrion, or loss in value is less than the amount of the
<br />sums se.cured immediately before the partiat taldng, destrucrion, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be apglied to the sums secured by this
<br />Seeurity Im�ent whether or not the sums are then due.
<br />If the Progerty is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an awazd to settle a claun for damages, Bonower fails to
<br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellan�us Proc,eeds either to restorarion or repair of the Property or to the sums secured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower
<br />Misceuaneaus Proceeds or the pariy against whom Borrower has a right of action in regard to Miscellaneous
<br />Proc,eeds.
<br />Borrower shall he in default if any action 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 Security Instrument. Bonower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 19, by causing the acrion 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 proc,eeds of any awazd or
<br />claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Progerty shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Famfly-Fennle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01
<br />VMP � VMP6(NE) (1105)
<br />Wolters Kluwer Financial Services Page 10 of 17
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