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20�20113� <br />satisfacrion, 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 agre,ement 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 eamings on such <br />Miscellaneous Proceeds. If the restorarion or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Praceeds shall be applied to the sums secured by this Security Instrument, <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 taldng, 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, destruction, 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 greater than the <br />amount of the sums s�ured by this Security Instnunent immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agre� in writing, the sums s�ured by this Security <br />Instrument shall be reduced by the amount of the Miscellan�us Proceeds multiplied by the following <br />fraction: (a) the tatal amount of the sums secured immediately before the partial taking, destruction, or loss <br />in value divicted by (b) the fair mazket value of the Property immediately before the partial taking, <br />destrucrion, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Prog�riy in which the fair market value of <br />the Property imrnediately before the partial taking, destrucrion, or loss in value is less than the amount of the <br />sums secur�3. immediately before the partial taking, destruction, ar loss in va�ue, unIess Borrower and <br />Lencter atherwise agree in writing, the Miscellaneous Pra�eds shall be applied to the sums se,cured by this <br />Security Instrumeut wbether ar nat the snms are then due. <br />If the Property is abandone� by Borrower, os if, after norice by Lender to Bonower that the Opgasing Party <br />(as defined in the next sernenee) 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 colle.ct and apply <br />the Miscellaneaus Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrumen�, whether or not the�a due. "Opposing Party" means the third party that owes Bormwer <br />MisceIIaneous Froceeds or the party agaiffii whom Borrower has a right of action in regazd to Miscellaneous <br />Proceeds. <br />Bortower 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 S�urity Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the acrion or proce.eding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Progerty or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The procceds 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 restorarion or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP � VMPBINE) (1105) <br />Wolters Kluwer Financial Services Page 10 af 17 <br />