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20120140� <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repaire <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 Bortower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity would <br />be lessened, fihe Miscellaneous Proceeds shall be applied to the sums secured by this Security Inshv.ment, <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, destruction, ar loss in value of the Property in which the fair mazket value of <br />the Property immediately before the partial taking, deshvction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agee in rvriting, the sums secured by this Security <br />Instniment shall be reduced by the amount of the Miscellaneous Proceeds mulriplied by the following <br />fiaction: (a) the total amount of the sums sectued immediately before the partial taking, destavction, or loss <br />in value divided by (b) the fair market value of the Property immediately hefore the partial taking, <br />destruction, or loss in value. Any balance shall be paid to Bortower. <br />In the event of a partial taking, deslruction, or loss in value of the Ptoperty in which the fair mazket value of <br />the Property immediately before the partial taking, deslruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, destcucrion, or loss in value, unless Boaower and <br />Lender otherwise agree in wtiting, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, a8er notice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to serile 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 collect and apply <br />the Miscellaneous Ptoceeds either to restorarion or repait of the Properiy or to the sums secuted by tlus <br />Security Instnunent, whether or not then due. "Opposing Party" means the third parly that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of acrion in regard to Miscellaneous <br />Ptoceeds. <br />Borrower ehall be in default if any action or proceeding, whethet 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 />Properly or rights under this Secutity Inslntment. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Propezly or other material impairment of <br />Lender's interest in the Property or rights under this Security Inshvment. The proceeds 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 are not applied to restoration or repair of the Properly shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKASingla Famlly-Fennle MaatFraddle Mac UNIFOHM IN3TRUMENT Wrm 30� �ro1 <br />� � VMPB(NE) (110b).00 <br />Wolta�s Kluwar Flnandal Servicss Page 10 of 17 <br />C <br />