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201201i3� <br />If the Properiy is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, ifthe restoration or repair is economically feasible and Lender's security is not lessened. I}uring <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opporiunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repa.irs <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 a.ny interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Insttument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />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 Properly, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Securiiy Instntment, whether or not then due, with the excess, <br />if a.ny, paid to Borrower. <br />In the event of a pa.rtial taking, desttuction, or loss in value of the Property in which the fair market value <br />of the Properly immediately before the partial taking, destruction, or loss in value is equal to or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />desttuction, or loss in value, unless Bonower and Lender otherwise agree in writing, the sums secured <br />by this Security Instxument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by <br />the following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value divided by (b) the fau market value of the Property immediately before the <br />partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destntction, or loss in value of the Property in which the fair ma.rket value <br />of the Property immediately before the partial taking, destntction, or loss in value is less than the a.mount <br />of the sums secured immediately before the partial taking, destruction, or loss in value, unless Bortower <br />and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured <br />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 Bonower that the Opposing <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Bortower <br />fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect <br />and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured <br />by this Security Instntment, whether or not then due. "Opposing Party" means the third pa.rly that owes <br />Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to <br />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 Properly or rights under this Security Instrument. Borrower can cure such a default and, <br />if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to <br />be disxnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Properly or rights under this Security Instntment The proceeds of <br />HCFG-00359 <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 30261/Ot <br />VMP� 08/11 <br />Wolters Kluwer Financial Services 201202034.0.0.0.4002-J20110824Y Page 10 of 16 <br />'36 0 <br />�'�� <br />�a <br />