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�0120�9�� <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restorarion 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 Borrower 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 Miscellan�us Praceeds 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 tie <br />applied in the order provided for in Se,ction 2. <br />In the event of a total taldng, destruction, or loss in value of the Property, the Miscellaneous Proceeds sha11 <br />be applie�i 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, or loss in value of the Properiy in which the fair market value of <br />the Property iminediately 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, desmtction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Se,curity <br />Instrument shall be reduced by the amount of the Miscellan�us Proceeds multiplied by the following <br />fraction: (a) the totat arrcount of the sums secured immediately hefore 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 loss in value. Any balance shall be paid to Borrower. <br />In t�e event of a partial taldng, destruction, or loss in value of the Property in wIrich the fair market value of <br />the Froperty immediately before the pa�tial taking, destruction, or loss in value is Iess t.�an the amount of the <br />sums secure,ci immec�iately hefore �e partial taking, destrucrion, or loss in value, unless Borrower anct <br />Lender otherwise agree in writing, the Miscellan�us Proceeds shall be applied to the sums secured by this <br />Security �nstrum� v�+hether or IIot the sums are then due. <br />If the Property is abaudoned by Borrower, or if, after norice by Lender to Borrower that the Opposing Party <br />(as defined in the ne�ct sentence) offers to make an award to settle a claim for damages, Bonower fails to <br />respond to Lender witfiin 30 days after the date the norice is given, Lender is authorized to colle.ct and apply <br />the Miscellaneous Proceeds eitheF to restoration or repair of the Property or to the sums secured by ttus <br />Seeurity Instrument, �vhetS�er or aot then due. "Opposing Party" means the third parly that owes Borrower <br />MiscelIan�us Proceeds or the party against whom Borrower has a right of action in regard to Miscellan�us <br />Pt�s. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is hegun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Progerty or rights under this Security Instn�ment. 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, precludes forfeiture of the Progerty 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 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in S�tion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddte Mac UNIFORM INSTRUMEPIT Form 3028 1/01 <br />VMP � VMPB(NEI (1105) <br />Wolters Kluwer Financial Serv(ces Page 10 of 17 <br />'1 " i , h , , <br />