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�oi2u�o4� <br />satisfaction, provided that such inspection sha11 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 Procee�s, 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 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 Section 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 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 taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums s�ured by this Se,curity Instnunent immediately before the partial taking, destruction, or <br />loss in value, unless Bonower and Lender otherwise agree in writing, the sums secured by this S�urity <br />Insr,,,me.±r �1 be reduced by the amount of the Miscellaneous Proceeds mulriplied by the following <br />fraction: (a� the total amount of the sums secured imme�iately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taldng, <br />destrucrion, or loss in value. Any balance shall he paid to Borrower. <br />In the eve� of a partiat taking, destrucrion, or loss in value of the Property in which the fair market value of <br />the Praperty immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums � immediateIy hefore the partial taking, destrucrion, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Tn�s,,,,,�r �rhether or not the sums are then due. <br />If the Property is abandoned by Borrower, 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 damages, Borrower fails to <br />respond to I.ender within 30 days after the date the norice is given, Lender is authorized to collect and apply <br />the Miscellaueous Proceeds either to restoration or repair of the Progerty or to the sums secured by this <br />Security I�ment, whether or not then due. "Opposing Party" means the third party that owes Bonower <br />Miscellanevus Fr�s or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <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 material impairment of Lender's interest in the <br />Progerty or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Se,ction 19, by ca.using 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 awazd or <br />claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proce�ds 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-Single Family-Fannte Mee/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Financial Services <br />12-000051 <br />Farm 3028 1/07 <br />VMPBWE) (1105) <br />Page 10 of 17 <br />r; . n <br />� ,. <br />