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2Q��Q��4� <br />satisfaction, provided that such inspe,ction 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 />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 Borrower. Such Miscellan�us Proceeds shall be <br />applied in the order provided for in Se,crion 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 ttus 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 secured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />tnstrument shall he reducefl by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total anmunt of the sums secured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or Ioss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair rnarket value of <br />the Property i�ia�ly before tfie partial taldng, destruction, or loss in value is Iess than the amount of the <br />sums secused immed.�ately before the partial talang, destruction, or loss in value, unless Borrower and <br />Lender otiieivvise agree in writing, the Miscell�eous Proceeds shall be applied to the sums secured by this <br />Security In�vment wheti�er or not the sums are then due. <br />If the Fraperty is abaudo� by Borrower, or if, after notice by Lender to �orrower that the Opposing Party <br />(as defined in the next sente�ce) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender witivn 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proceeds either to restorarion or repair of the Progerty or to the sums se,cured by this <br />Security �nstrument, whether or not then due. "Opposing Party" meat� the third party that owes Borrower <br />1VIiscellaneaus Proc�ds or tfie party against whom Borrower has a right of action in regard to Miscellan�us <br />Proce�ds. <br />Borrower sha11 be in default if any acrion or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other materiai impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Secrion 19, by causing the acrion or proceeding to be dismissed with a <br />ruiing that, in Lender's judgment, precludes forfeiture of the Property or other �terial impairment of <br />I.ender's interest in the Property or rights under this Security Instrument. The proceeds of any award 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-Fannte Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPB(NE) (1705) <br />Wolters Kluwer Financial Services Page 10 of 17 <br />� a <br />