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�012009�Q
<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 shall not Ue required to pay Bonower any interest or earnings on such
<br />Miscellan�us Procceds. If the restoration or repair is not e,conomically feasible or Lender's security would
<br />be lessene�, the Miscellaneous Proc,eeds shall be applied to the sums s�ured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
<br />applied in the order providal for in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellan�us Procce�s shall
<br />be applied to the sums se,cured 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 Progerty 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�urerl by this S�urity 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 />Instnunent sha11 be r�iuced by the amount of the Miscellaneous Procceds 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 Propsrty immediately before the partial taking,
<br />desixuction, or loss in value. Any balance shall 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, destrucrion, 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 agr� in writing, the Miscellaneaus 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 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 authorized to collect and apply
<br />the Miscellan�us Proc.eeds either to restoration 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 pazry that owes Bonower
<br />Miscellan�us Proc�ds or the party against whom Bonower has a right of action in regazd to Miscellaneous
<br />Procceds.
<br />Bonower 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 impairment of Lender's interest in the
<br />Property or rights under this Security Instrument. Bonower 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 Instrument. The proceeds of any awazd or
<br />claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneaus Proc.eeds 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 Famlly-Fannie Mae/Freddie Mac UNIFORM IPISTRUMENT Form 3028 7/01
<br />VMP p VMPB�NEI (1105)
<br />Wolters Kluwer Financlal Services Page 10 of 17
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