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�Q12Q1�05 <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 Procceds, 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 Miscellaneous Proceeds sha11 be <br />applied in the order provided for in 5ection 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 S�urity Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a partial taking, destrucrion, 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 />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 />Iffitrument shall be reduced by the amount of the Miscellan�vs Proceeds mulriplied by the following <br />fi�action: (a) the total amount of the sums secured immediately before the gartial taking, destruction, or loss <br />in value divided by (b) the fair market vatue of the Property immediately before the partial taking, <br />de.strucrion, or loss in value. Any balanc� shail be paid to Borrower. <br />Irc the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of <br />the Praperiy immediately before the paRial taking, destruction, or Ioss ia value is Iess than the amount of the <br />sums see�u� immediately before the partial taking, desm�ction, or loss in vatue, unless Borrower anct <br />L,ea�er othervrise agre,e in writing, the 1dliscellaneous Proceeds shall be appli� to the sums secured by this <br />Secvrity T��...�+�+�r whettier or not the suins are t�en due. <br />If tfie Froperty is abandoned by Borrower, or if, after norice by L.ender to Borrower that the Opposing Party <br />(as defised in the next sentence) offers to make an awazd to settle 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 coll�t and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Se�urity Instcvment, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscel�aneaus Proceeds or the pariy ag�inst whom Borrower has a right of action in regard to Miscellar�eous <br />Proceeds. <br />Borrower shatl 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 material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Bonower 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, pr�ludes forfeiriue of the Property or other material impairment of <br />Lender's interest in the Properiy or rights under this Security Instnunent. The procceds of any awazd or <br />cIaim for damages that aze 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 restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Singie Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/01 <br />VMP6(NE) 11105) <br />Page 10 of 17 <br />y � . <br />