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20�20�3�� <br />sarisfaction, 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 Proce�s, 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 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 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, 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 />aniount of the sums se.cured by this Security Instrument immediately before the partial taking, destruction, or <br />Ioss in value, unless Borrower and Lender otherwise agr� in writing, the sums secured by this Security <br />Tr+-�n�nt shatl be re�iuced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the totat amaunt of the sums secured immediately before the partial taking, destnicrion, or Ioss <br />in v�Iue divid� by (b) the fair market value of the Property immediately before the partial tatdng, <br />destr�ction, or Ioss in value. Any balance shall be paid to Bonower. <br />In the event of a partial taking, de.struction, or loss in value of the Property in which the fair market value of <br />tbe Prapercy �iate�y before the partial taking, ctestruction, or Ioss in value is less than the amount of the <br />sums secur� i�iiately� be€ore the partial taking, destruction, or loss in value, unless Borrower and <br />L�nc�er atherwise agree ia vvriting, the Miscellaueous Proceerts shall be applied to the sums securefl by this <br />Security �astre�t whet�ter or not the sums are then due. <br />If the Property is ab�o�d by l�orrower, or if, after natice by Lender to Borrower that the Opposing Pariy <br />(as defined in the � sentence) offers to make an award. to settle a claim for dacnages, Borrower fails to <br />respond to LeIIder within 30 days after the date the notice is given, Lender is authorized to coll�t and apply <br />the Miscellaneous Froce�ds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrumen�, wl�ether or nat then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaaeous Proc�ds or the party against whom Borrower has a right of action in regazd to Miscellaneous <br />Proce.eds. <br />Borrower shall be in def�ult 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 tlus S�urity Insm�ment. Bonower can cure such a default and, if acceleration has <br />ocxurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pr�ludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under tlus Security Instrument. The proceeds of any awazd or <br />claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proc,eeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASICA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP61NE) (1105) <br />Wokers Kluwer Financlal Services Page 10 of 17 <br />