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201200170 <br /> satisfaction, provided that such inspection shall be uildertalcen proinptly. Lender may pay for tl�e repairs <br /> and restoration in a single disUui•seinent or in a series of progress payinents 1s the worlc is coinpleted, <br /> Unless an agreeinen�is in�de in writing or Applicable Law requires inter�st to be paid oii such <br /> Miscellaneous Proceeds, Lender sh�ll not Ue required to pay Borrower any interest or eariungs on such <br /> Miscellaneous Proceeds. If the restoration or repair is not economically feasiUle or Lender's security would <br /> be lessened, the Miscell�neous Proceeds shall Ue applied to the suins secured vy this Security Instiruinent, <br /> whetller or not then clue, with the excess, if any, paid tio Borrower. Such Miscellaneous Proceeds shall be <br /> 1pplied in the order provided for in Section 2. <br /> In the event of a total talcing, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br /> �e applied to the suins secured by lhis Security Insfruinenti, whether or not tlleil due, with the excess, if any, <br /> paid to Borrower. <br /> In the event of a pai•tial talcing, destruction, or loss in value of the Property in which the fair Znarlcet v�lue of <br /> the Property iirunediately before the parfial t�king, destruction, or loss in value is equal to or greater than the <br /> amount of the sums secured vy tliis Security Instruiiient iirunediately Uefore the��rtial talcing, destruction, or <br /> loss in value; unless Borrower and Lender otherwise agree ixz writing, the suins secure�i by this Security <br /> I�istrument shall be reduced Uy ihe ainount of the Miscellaneous Proceeds inultiplied by tih�following <br /> fraction: (a)the total a�nount of the sums secLtred isrunediately before the p�rtial talcing, destruction, or loss <br /> in value divided by(l�) the fair inarlceti value of the Property inunediately before the partial tialcing, <br /> destruction, or loss in v�ltie. Any U�lance shall be plid to Borrower. <br /> Tn the event of a partial t�lcing, destruction, or loss in value of the Property in which the fair market value of <br /> the Property immediately befor�the partial talcir7g, destruction, or loss i�i valtte is less than the a�nount ot'tlie <br /> sums secured iirunedi�tely before the partial talcing, destruction, or loss in value, unless Borrower and <br /> Lend�r otharwise agree in writing, �;he Miscellflneous Proceeds sh�ll be applied to the sLims secured by this <br /> Security Iizstrument whether or not the sums are then due. <br /> If the Property is abandoned by Boi•rower, or if, after notice by Lender to Borrower thaf the Opposing Party <br /> (as defined in the next sentence) offers to inalce aii award to settle a claim for danlages, 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 Miscellaneous Proeeeds eitller to res�oration or repair of the 1'roperty or to the sums secured by�his <br /> Security Instrument, whether or not then clue. "Opposing Party° means the third party that owes Borrower <br /> Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Misce11ai1eous <br /> Proceeds. <br /> Borrower shall be in default if�ny�ctioii or pi�oceeding, whether civil or criminal, is Uegun that, i�i Lender's <br /> judgrnen�, could result ui forfeiture of the Property or ot�er inaterial iinpairmeri�;of Lender's interest in the <br /> Property or ri,ghts under this Security Tnstrument. Borrower can cure such a default anc1, if acceleration has <br /> occitrred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed witlz� <br /> ruling that, in Lei�dez's judgment, precrucles forfeiture of the Property or otl�er inaterial impairnle�t o�f <br /> Lender's interest in tlie Property or i•ights uncler this Security Instrtunent. The proceeds of any aw�rd or <br /> cl�im�or dasnages thlt are attributiable to the impairment of Lender's iizte�•est in the Property are hereby <br /> �ssigned and shall be paid to Lender, <br /> All Miscellaileous Proceeds that are not applied to restoration or t•ep�ir of the Property shall Ue applied in the <br /> order provided for in Section 2. <br /> 24000026 <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1I01 <br /> VM P O VM P6(NE)(11051 <br /> Wollers Kluwer Financlal Services Page TO of 17 <br />