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20120074�
<br />satisfaction, provided that such inspe�tion 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 earnings on such
<br />Miscellaneous Proce�s. If the restoration or repair is not e,�onomically feasible or Lender's security would
<br />be lessened, the Miscellaneous Procee�s 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 Miscellan�us Proceeds 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 which the fair market value of
<br />the Property immediately before the partial taking, destrucrion, or loss in value is equal to or greater than the
<br />amount of the su.ms secured by this Security Instrument immediately before the partial taking, destruction, or
<br />loss in value, unless Bonower and Lender otherwise agree in writing, the sums s�ured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Praceeds multiplied 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 shall be paid to Borrower.
<br />In the event of a partial taking, destrucrion, 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 immediately before the partial taldng, destruction, or loss in value, unless Bonower and
<br />Lender otherwise agree in writing, the Miscellaneous Proceeds sha11 be applied to the sums secured 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 Bonower that the Opposing Party
<br />(as defined in the nelct sentence) offers to make an awazd 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 authorize�i to colle,ct and apply
<br />the Miscellaneous Proceeds 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 Borrower
<br />Miscellaneous Procceds or the party against whom Borrower has a right of action in regard to Miscellan�us
<br />Proce�s.
<br />Bonower shall be in default if any acrion 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 I.ender's interest in the
<br />Property or rights under this Se�urity Instrument. Bonower can cure such a default and, if acceleration has
<br />occuned, 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 aze hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellan�us Proceeds that are not applied to restoration or repair of the Property shall be applie�i in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT . Form 3028 1/01
<br />VMP � VMP6�NE) 11105)
<br />Wolters Kluwer Financial Services Page 10 of 17
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