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201�0962� <br />satisfaction, provided that such inspection shall be undertaken promptly. Lendcr may pay for the repairs <br />and restoration in a singlc disburscmcnt or in a scrics of progress paymcnts as thc work is complct�l. <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_ If the restoration or repair is not economically feasible or Lender's security would <br />be l�senecl, lhe Miu;ellancx�us Proceecls shall be appliexl lo lhe sums sec:ureci by lhis Sec:urily Intitrumenl, <br />whether or not then due, with the excess, if auy, paid to Bortower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in 5ection 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br />bc applicd to thc sums sccurcxj by this Sccurity Instnuncnt, whcthcr or not thcn duc, with thc cxccss, if any, <br />paid to Borrower. <br />In ihe event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />lhe Property immeclialely before lhe partial laking, deslruclion, or loss in value is eyual lu or gr�tter than lhe <br />amount of the suuis securc� by this Se�urity Listrument immediately before the partial taking, destruction, or <br />loss in value, unlcss Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />&action: (a) thc total amount of thc sums sccurcd immcdiatcly bcforc thc partial taking, dcstruction, or loss <br />in value divided by (b) the fair market value of the Property itnmediately before the partial taking, <br />destructian, or loss in value. Any balance shall be paid to Borrower_ <br />In the event of u partial taking, desiruction, or lo�.ti in value of lhe Properly in which the fair markel vulue of <br />the Property immediately before the partial taking, destruction, or loss in value is less ihao the ainount of the <br />sums secured iimnediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums are then due. <br />If thc Property is abandoncd by Bonowcr, or if afict noticc by Lcndcr to Borrowcr that thc Opposing Party <br />(as defined in the next sentence} otfers to make an award to settle � claim for dainages, Borrower fails to <br />respond to Lender within 30 days afier the date the notice is given, Lender is authorized to collect and apply <br />lhe Mitic;ellaneous Procecxls eilher lo r�loration or repair of lhe Properly or lo lhe sums tiec;ured by thiti <br />Security Instruinent, whelher ar not then due. "Opposing Party" inc�ns the third party that owes Borrower <br />Miscellaneous Proceeds or the party against who�n Borrower has a right of actioa in regard to Miscellaneous <br />Proceeds. <br />Borrowcr shall bc in dcfault if any action or proccc�ing, whcthcr civil or criminal, is bcgun that, in Lcndcr's <br />judgment, could result in 1'orfeiture of the Property or other material impainnent of Lender's interest in the <br />Property or rights under this Security Instrument_ Borrower can cure such a default and, if acceleration has <br />uccurrecl, reinslale ati providecl in S�:lion 19, by cautiing lhe aclion or proceeding lo be dismissed wilh a <br />tuling that, in Lender' s judgment, precludes forfeiture of the Property or other inaterial impairment of <br />Lender's interest in the Property or rights under this Security Instruinent_ The proceeds of any award or <br />claim for damages that are attributable to lhe impainnent of Lender`s interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Misccllancous Procccds that arc not applicd to restoration or rcpair of thc Property shall bc applicd in thc <br />order provided For in Section 2. <br />1111023724 1111023724 <br />N�RASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTI�IMHJT Form 3028 1l01 <br />VM P (n� VM PB(NE) (1105) <br />Wolters Klureer Finmicial Services P�e 10 of 17 <br />