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2�1�020�� <br />satisfaction, provided that such inspection sha11 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 Bonower any interest or earnings on such <br />Miscellan�us 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 Insmunent, <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,ction 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 Bonower. <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 talcing, destruction, or loss in value is equal to or greater than the <br />amount of the sums se,cured by this Security Instrument immediately before the partial taking, destrucrion, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be re�luced by the amount of the Miscellan�us Proceeds mulriplied by the following <br />fraction: (a) the total axno�t o€ the sums secured immediately before the paztia2 taking, destruction, or loss <br />in value divided by (6) the fair market value of the Property itnmediately t�efore the partial taking, <br />desiruction, or Ioss in value. Any balance shall be paid to Bonower. <br />In the event of a partiat taking, destruction, or loss in vatue of the Property in which the fair market value of <br />the Propert}r �mme.�_�ety before the partial taking, destruction, or loss in vatue is Iess than the amount of the <br />sums se.cured i�iaiely before the partial taking, destruction, or loss in value, unless Borrower and <br />Leader otherwis� �gr� ia vNriting, the Miscellaneous Proceeds shall be applied to the sums se,cured by this <br />Security I�nt �+heth� or aat the sums are then due. <br />If the Property is abando� by Barrower, or if, after norice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for damag�s, Borrower fails to <br />resgond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instcument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellan�us Prc�ds ar the party against whom Borrower has a right of action in regard to Miscellaneous <br />Pr�ceeds. <br />Barrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could resvlt in forfeiture of the Property or other material 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 />occutred, reinstate as provided in S�tion 19, by causing the action or proceeding to be dismissed with a <br />ruiing that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />L.ender's interest in the Property or rights under this Security Instrument. The proceeds of any awazd or <br />claim for damages thai 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 are 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-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMP61NE) (1105) <br />Page 10 of 17 <br />, ; ' <br />