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�o��o��o� <br />satisfaction, provided that such insp�tion 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 Proc.eeds, Lender shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proaeeds. If the restoration or repair is not e,conomically 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 Miscellan�us Proceeds shall <br />he applied to the sums s�ured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a pazrial 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 />aznount of the sums se,cured 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 se,cured by this S�urity <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums secured imtn�iiately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Progerty immediately before the partial taldng, <br />destruction, or loss in value. Any balance shall t}e paid to Bonower. <br />In the event of a partia� ta�g, destruction, or Ioss in value of the Progerty in which the fair market ealue of <br />t�e Property immediatel,y before the partial taking, destr�ction, or Ioss in value is less than the amount of tfie <br />sums secured immediatety before the partiai taking, destruction, or loss in value, unless Borrower and <br />T.ender otherwise agree iEr w�ii�ing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />5ecurity Ius�um�t �+1se�hes or not the sums are then due. <br />If the Praperiy is aba�sdoned Uy Borrower, or if, after norice by Lender to Borrower that the Opposing Party <br />(as defined in the neaet sentet�ce) offers to make an award to settle a claim for damages, Bonower fails to <br />respond to I.eIIder withia 30 days after the date the notice is given, Lender is authorized to collect and agply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, vvt�ether or not then c�ue. "Opposing Party" means the third party that owes Bonower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Procceds. <br />Borrower shall be in default 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 �terial impairment of Lender's interest in the <br />Property or rights under this Se,curity Instnament. 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 he 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 are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellan�us Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br />order provided for in S�rion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/07 <br />VMPBINE) (1705) <br />Page 10 of 17 <br />,q � <br />