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201200238 <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 /> Miscellaneous Proceeds, Lender sha11 not be required to pay Bonower any interest or earnings on such <br /> Miscellaneous Proceeds. If the restoration or repair is not e,conomically 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 Borrower. Such Miscellaneous Proceeds sha11 be <br /> applied in the order provided for in�ction 2. <br /> In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds sha11 <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, 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 s�ured 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 this Security <br /> Instnunent sha11 be reduced by the amount of the Miscellaneous Proceeds 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 Borrower. <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,cured immediately before the partial taking, destruction, or loss in value, unless Bonower and <br /> Lender otherwise agree in writing, the Miscellaneous Procceds shail be applied to the sums s�ured by this <br /> Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the Opposing Pazry <br /> (as defined in the next sentence)offers to make an awa.rd to settle 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 Miscellaneous Procceds either to restoration or repair of the Property or to the sums secured by this <br /> Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower <br /> Miscellaneous Proceeds ar the party against whom Borrower has a right of action in regard to Miscellan�us <br /> Proc.eeds. <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 impaiiment 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 /> 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 Property or other material impairment of <br /> Lender's interest in the Property or rights under this Security Instniment. 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 restoration or repair of the Property sha11 be applied in the <br /> order provided for in Section 2. <br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 <br /> VMP 0 <br /> Wolters Kluwer Financial Services VMPBINE)(11051.00 <br /> Page 10 of 17 <br />