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��1�oi��o <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 Bonower any interest or earnings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be Iessened, the Miscellan�us Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds sha11 be <br />applied in the order provided for in S�rion 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, destrucrion, or loss in value is equal to or greater than the <br />amoimt of the sums s�ured by this Security Instivmnent immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums securerl by this Security <br />Instrument shalI be reduced by the amount of the Miscellanevus Proceeds multiplied by the following <br />fractiQn: (a} the total amount of the s�ms secured immediatelg before the partial taking, destrucrion, or loss <br />ia value di�ided by (bj the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any batance shall be paid to Borrawer. <br />Fn the event of a partial taldag, destruction, or loss in value af the Froperty in which the fair market value of <br />the Froperty immediately before tfie partial taking, destruction, or loss in value is less than the amount of the <br />sums secured, imm�liately before the partial taldng, destruction, or Ioss in value, unless �rrower and <br />�cier otheawise agree in writing, the Miscellan�us Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums aze then due. <br />If the Progerty is abandoned by Borrower, or if, after notice by Lender to Borrower thax the Op�sing Party <br />(as define� in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to <br />respond to Lender within 30 days after the date the norice is given, Lender is authoriz�i to collect and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />MisceITaneous Proceeds or the party against whom Borrower has a right of action in regard 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 Security Instrument. Bortower can cure such a default and, if accelerarion has <br />occurred, reinstate as provided in Se,crion 19, by causing the acrion 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 Miscellaneous Prac,eeds that aze not applied to restorarion or repair of the Property shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Family-Fannfe Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O7 <br />VMP � VMP6�NE) (1105) <br />Wolters Kluwer Financfal Servfces Page 10 of 17 <br />. ,I v i , , , �.., <br />v <br />