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<br /> may pay for the repairs and restoration in a single disbursement or in a series of progress payments as
<br /> the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
<br /> paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
<br /> earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
<br /> Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured
<br /> 6y this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such
<br /> Miscellaneous Proceeds shall be 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
<br /> Proceeds shall 6e applied to the sums secured by this Security Instrument, whether or not then due, with
<br /> the excess, if any, paid to Borrower.
<br /> In the event of a paAial taking, destruction, or loss in value of the Property in which the fair
<br /> market value of the Property immediately before the partial taking, destruction, or loss in value is equal to
<br /> or greater than the amount of the sums secured 6y this Security Instrument immediately before the partial
<br /> taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br /> secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br /> multiplied by the foliowing fraction: (a) the total amount of the sums secured immediately before the
<br /> partial taking, destruction, or loss in value divided by(b)the fair market value of the Property immediately
<br /> before the partial taking, destruction, 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
<br /> market value of the Property immediately before the paRial taking, destruction, or loss in value is less
<br /> than the amount of the sums secured immediately before the partial taking, destruction, or loss in value,
<br /> unless 8orrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to
<br /> the sums secured by this Security Instrument whether or not the sums are then due.
<br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
<br /> Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
<br /> Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
<br /> to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
<br /> sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third
<br /> party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of
<br /> action in regard to Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br /> Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br /> interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
<br /> acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
<br /> dismissed with a ruling that, in Lender's judgment, preciudes forfeiture of the Property or other material
<br /> impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
<br /> any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
<br /> are hereby assigned and shall be paid to Lender.
<br /> All Miscelianeous Proceeds that are not applied to restoration or repair of the Property shall be
<br /> applied in the order provided for in Section 2.
<br /> 12. Borrawer Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
<br /> payment or modification of amortization of the sums secured by this Security Instrument granted by
<br /> Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of
<br /> Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
<br /> proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
<br /> othervvise modify amortization of the sums secured 6y this Security Instrument by reason of any demand
<br /> made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
<br /> exercising any right or remedy including,without limitation, Lender's acceptance of payments from third
<br /> persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,
<br /> S
<br /> II II II II (I I I (II I I I I I I I (I II II II II ( II I II
<br /> O O O 'I ] 5 8 9 6 M C M D O T
<br /> NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 (page 9 o174pages)
<br /> FinaleDocumentServices c0 302702/06
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