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201109i0�
<br />satisfaction, grovided that such inspection shall be undertaken promptly. Lender may pay for the repairs
<br />and restorarion 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 Procceds, Lender shall not be required to pay Bonower any interest or eamings on such
<br />Miscellan�us Procceds. If the restoration or repair is not ec:onomically feasible or Lender's security would
<br />be lessened, the Miscellan�us Proceeds shall be applied to the sums s�ured by this Security 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 Miscellan�us Proceeds shall
<br />be applied to the sums s�ured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Bonower.
<br />In the event of a partial taking, destruction, 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 se,cured by this Security Instnunent immediately before the partial taking, destruction, or
<br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums s�ured by this Security
<br />Instrument shall be reduced by the amount of the Miscellan�us Proce�ds multiplied by the following
<br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in value 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 talting, destruction, 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 less than the amount of the
<br />sums secured imme�iately 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 s�ured by this
<br />Security Instrument whether or not the sums aze then due.
<br />If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to
<br />respond to L.ender within 30 days after the date the notice is given, Lender is authorized to coll�t and apply
<br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums s�ured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of action in regazd to Miscellaneous
<br />Proceeds.
<br />Bonower shall be 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 Se,curity Instniment. Bonower can cure such a default and, if acceleration has
<br />occuned, reinstate as provided in Section 19, by causing the action or proc.eeding 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 Se,curity Instrument. The proceeds 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 Proce�ds that aze not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O1
<br />VMP � VMP6lNE) 11105)
<br />Woltera Kluwer Financial Servicea Page 10 of 17
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