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�0�2OQ96� <br />sarisfaction, provided that such inspecrion 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 shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restorarion or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sums secured by this S�urity Instru.ment, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous 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 Bonower. <br />In the event of a pattial 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 equal to or greaxer than the <br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrov�rer and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall he reduced by the amount of the Miscellaneous Proceecis multiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destrucrion, or loss <br />in value dividefl by (b) the fair market value of the Property immediately before the partial taking, <br />destrucrion, or loss in va2ue. Any balance shall be paid to Borrower. <br />In the event of a partiat taking, destruction, or loss in value of the Property in which the fair market value of <br />the Pro�reriy immediately before the gartiat taking, destrucrion, or Ioss in value is less than the amount of the <br />sums se.cured immediately before the gartial taking, destruction, or Ioss in value, unless Borrower and <br />Lender otheFwise agr� in writing, tlie Miscellaneous Proceeds shall be agplied to the sums secured by this <br />Se,curity Insta� w�her or nc�t the sums are then due. <br />If the Fro�rty is at�andoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined 'ut the next segtence) offers to make an award to settle a claim for damages, Borrower fails to <br />respon@ to Lender within 30 c�ays after ttie date the notice is given, Lender is authorized to collect and apply <br />the Miscell�us Proc.�s either to restoration or repair of the Property or to the sums secured by this <br />Security �strc�t, whether or �t thea due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous �s ar the party aga.i,nst whom Borrower has a right of acrion in regazd to Miscellaneous <br />Proceeds. <br />Borrower shall be in defautt if any acrion or proczeding, 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 />Properiy or rights under this Security Insttvment. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Secrion 19, by causing the acrion 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 Securiry Instrument. The proceeds of any awazd or <br />claim for damages that are 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 shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP � VMPB(NEI (1105) <br />Wolters Kluwer Financial Services Pape 10 of 17 <br />