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20�2U00 <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 agreement 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 Borrower any interest or earnings on such <br />Miscellaneous Proc,e�ds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Praceeds 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 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 Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instzvmeut shall be reduced by the amount of the Miscellaneous Proceeds mulriplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taldng, 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 Bonower. <br />In che event af a paztial taking, destruction, or loss in value of the Pmperty in which the fair market value of <br />the Froperiy immediazely �fore the partial taldng, destruc�ion, or Ioss in value is less than the amount of the <br />sums secured �tely be€ore the partial taking, destruction, or Ioss ire value, unless Bonower and <br />Lenc�er oth�vise ag�ree in vvriting, the 1Vliscellan�us Proceeds shail be applied to the sums secured by this <br />Security Fns� whether or not the sums aze then due. <br />If the Progerly is abandoned by Borrower, or if, after norice by Lender to Borrower that the Opposing Party <br />(as defined in the next sente�) offers to make an award to �ttle a claim for damages, Borrower 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 Miscelianeous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security in-cm,r,en�, wheti�er or not the�c due. "Opposing Party" m�eans the third party that owes Borrower <br />Miscellaa�ns Froceec�s of the party against whom Borrower has a right of action in regard to MiscelIaneous <br />Proceeds. <br />Bonower sha1l be in default if any action or prac,eeding, 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 accelerarion 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, precludes forfeiture of the Properiy or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award 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 aze not applied to restorarion or repair of the Property sha11 be applied in the <br />order provided for in S�tion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/01 <br />VMP6(NEI (7105) <br />Page 10 of 17 <br />