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20120112� <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 be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrutnent, <br />whether or not then due, with the excess, if any, paid to Borrower. 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 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 paztial taking, destrucrion, or loss in value is equal to or greater than the <br />amount of the sums se�ured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellan�us Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums s�ure8 immediately before the gartiat taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately l�fore the partial taking, <br />destruction, or loss in value. Any balance shall be paid to Borrov�+er. <br />iu the event af a partial taldng, destruction, or loss in vaiue of the Progerly in rvl�ich the fair market value of <br />� Fro� ��iately before the partiat taking, d�ctioa, or Ic�s ise v�tue ��ess than the amount of the <br />s�s secu�d i�rateFy before the garEial ta�dicg, destt�ctioa, os Ya�ss i� �Irie, vatess �rrower a� <br />�ea ot�se ag�e in v�aiting, t.�e 11�Iisc�et�a��ts �s s�c�I T� a�Ii� co the svms secuzed by tiais <br />�it�r �au�t wEc�ther a� aot t�e sn� a� thea c�ue. <br />�ti�e Praper�y is abando� by Barro�es, oF if, a�ter IIatic� by �.ender w Ba»n�o�ver that the OPP��g g�Y <br />Fas defia� iat �� s�t�e) o�s �o maice an aw� tQ se�te a cta,i�a for �amages, Borrowrer fails to <br />resp�ad �o � v��e 30� cP�ys aft� t�se c�ate the rnftic� is gi�n, �.ender is authoria.ed to colle,ct az►d appiy <br />the Mi�a$�Brs P� eit�ner to sestora.�con or repair of the FFOgerty or to the sums secured by this <br />Se�rity �, wF�er c� �g ��. "Oppasizeg Pa�t.Y" � the �ird paRy that ovves Borrov�er <br />Mi�IT,aae�ns �ace�ds �r ti� party ag�st wha� Borro�ver has a right of actioa iu regarct to Miscellaneaus <br />Paoc,�is. <br />Borrower shaiZ be in default if any acrion or proceeding, whether civil or cri.minal, is begun that, in Lender's <br />judgment, cQUld result in forfeiture of the Property or other materiat impairment of Lender's interest in the <br />Property or rights under this Se�urity Instrument. 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 l� dismissed with a <br />n�ling that, in Lender's judgment, precludes forfeiture of the Property or other materiai impairment of <br />Lender's interest in the Property or rights under this Se,curity Instrument. The proceeds of any award or <br />claim for damages that are attn'butable to the impairment of Lender's interest in the Properiy aze 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-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financfal Services <br />Form 3028 1/01 <br />VMPBINE) �1105) <br />Page 10 of 77 <br />