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2U120075�
<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 L.aw requires interest to be paid on such
<br />Miscellaneaus Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not �onomically feasible or Lender's security would
<br />be lessened, the Miscellaneous ProceEds shall be applied to the sums secured by this 5ecurity Instrument,
<br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be
<br />appliefl 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 Procee�s shall
<br />be applied to the sums se�ured by this Se�urity 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 mazket 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 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 secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneaus ProceEds multiplied by the following
<br />fracrion: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in value dividefl by (b) the fair market value of the Progerty immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall be paid to Bonower.
<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 immefliately before the partial taking, destruction, or loss in value is less than the amount of the
<br />sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower 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 Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined 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 collect and apply
<br />the Miscellan�us Procceds either to restorarion or repair of the Property or to the sums secured by this
<br />Se�urity Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower
<br />Miscellaneous Procceds or the party against whom Borrower has a right of action in regazd to Miscellan�us
<br />Proceeds.
<br />Bonower shall be in default if any action or procee�ing, 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 Instnunent. 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, pre�ludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. The procee�s of any awazd 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 Miscellan�us Proceeds that aze not appliefl to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP p
<br />Wolters Kluwer Financial Services
<br />Form 3028 1 /01
<br />VMP61NE) (1106)
<br />Page 10 of 17
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