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��` fi�� �`,�'�`r <br />�;i�..`. ._t <br />� I �. ... �'. ' ': . ' I � • , <br />sarisfaction, 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 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 />Miscellan�us Proce,eds. If the restorarion or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums se�ured by this S�urity Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellan�us Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, de.ctruction, or loss in value of the Properiy, the Miscellaneous Procceds 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, d�crion, or loss in value of the Property in which the fair market value of <br />the Property immediately before the paztial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Bonower and Lender otherwise agr� in writing, the sums secured by tlus Security <br />Instrument shall be reduc.ed by the amount of the Miscellaneaus Proc,e�is multiplied by the following <br />fraction: (a) the total amount of the sums s�ured 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 />destrucrion, or loss in value. Any balance shall be paid to Bonower. <br />In the event of a pattial taking, destruction, 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 less than the amount of the <br />sums s�ured 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 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 definefl in the next sentence) offers to make an award 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 coll�t and apply <br />the Miscellaneous Procceds 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 />Misc�llan�us Proce�ds or the party against whom Bonower has a right of action in regazd to Miscellaneous <br />Procceds. <br />Borrower shall be in default if any action or procceding, 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 Secrion 19, by causing the action or procceding to be dismissed with a <br />niling that, in Lender's judgment, pre,cludes forfeiture of the Property or other material impaument of <br />Lender's interest in the Property or rights under ttus Security Instrument. The proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellan�us Proceeds 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 Femily-Fennie Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3026 1/01 <br />VMP � VMPBINE) (1106) <br />Wolters Kluwer Flnanclal Services Page 10 of 17 <br />,g1 <br />