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2Q1i0964� <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender 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 agr�ment is made in writing or Applicable Law requires interest to be paid on such <br />Miscellan�us Proceeds, Lender shall not be required to pay Bonower any interest or eamings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sucns secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Procceds 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 applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in wluch the fair market value of <br />the Property immediately hefore the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secuted by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agr� in writing, the sums secured by this S�urity <br />Instrument shall be reduc.ed by the amount of the Miscellan�us Procceds multipliefl 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 sha11 be 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 less than the amount of the <br />sums se�ured immefliately 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 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 awazd to settle a claim 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 Miscellaneous 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 />Miscellan�us Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower 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 Security Instnunent. Borrower 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, pr�ludes 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 awazd or <br />claim for damages that aze amibutable to the impairment of Lender's interest in the Property aze hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proc,e�is 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 MaelFreddte Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />�p � VMP8INE) (7105) <br />Wotters Kluwer Financtal Services Paga 10 of 17 <br />