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�0120152C <br />satisfacrion, 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 />Miscellan�us Proceeds, Lender shall not be required to pay Borrower any interest or eaznings on such <br />Miscellaneous Procceds. If the restorarion 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 Miscellaneous Proceeds shall be <br />applied in the order provided for in Secrion 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 Bortower. <br />In the event of a partial ta�ng, 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 Instnunent immediately before the partial taking, destruction, or <br />loss ia value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />�nstrument shatl be re�iucec� by the amount of the MisceIlaneous Proce,e�s multiplied by the fQllowing <br />frac�icme: (a) the tatai amount of the sums secured immediately hefore the partiat taking, c�estruction, or loss <br />in vatue divided by (b) the fair market vatue of the Froperty immediately before the partial taking, <br />c�estx�tion, or loss ia vaiue. Any balance shall be 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 tatdng, destruction, or loss in vatue is less thari the amount of the <br />s�ns �ed immediatety before the partiai taking, destruction, or Ioss in value, unless Borrower and <br />T.ender otherwise agree i� writing, the Miscellaneous Fmceeds shall be app�d to the � s�ured by this <br />Se�urity instrument whether or not the sums are then due. <br />If the Froperty is aU�doned by Borrower, or if, after notice by Lender to Borrower that the Opgosing Party <br />(as defined in the next sentence} offers to make an award to settIe a claim for damages, Borro�ver fails to <br />respond to L.ender within 30 days after the date the notice is given, Lender is authorized to colle,ct and appIy <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums s�ured by this <br />Se�urity i�,,,�Pn�, v�rhether ar not then due. "Opposing Party" means the third party tUat owes Borrower <br />MiscelIan�vs Proceeds or the pazty against whom Borrower has a right of action in regard to Miscellaneovs <br />Froce�ds. <br />Borrower shall be in default if any acrion or proceeding, whether civil or criminal, is begun that, in Lender's <br />,ludgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this S�urity Instniment. Borrower can cure such a default and, if acceleration has <br />occuned, 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 Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddfa Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (1105) <br />Woltere Kluwer Financtal Services Page 10 of 17 <br />