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2012�376� <br />satisfaction, provided that such inspe,ction sha11 be underta.ken 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 agre.ement 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 />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sums secured by this S�urity 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 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, destntcrion, or loss in value of the Property in which the fair market value of <br />the Property immediateiy before the partial taldng, destruction, or loss in value is equal to or greater than the <br />amount of the sums secused by this �curity Instrument immediateiy i�fore the partial talang, destcuction, or <br />loss in value, unless Borrower and I.ender otherwise agree in vvriti8g, th� sums secured by this 5ecurity <br />Instrument shal� 6e reduced by the amount of the Miscellaneavs P�s rccuttip�ied by the folIowing <br />fraction: (a} the total amaunt of the sim�s secv�ed immediately be�are the partiat taking, d�truction, or Ioss <br />in value divided by (b) the fair market va[ue of the Property immediately before the partial taking, <br />d�truction, or Ioss i� value. Any balance shall be paid to Bortower. <br />In the even� o� � partia� tatdng, destr�ction, or Ioss in value af the Property in which the fair mazket value of <br />the Property i�eciiateZy before the partial taiang, destruction, or lass ia vatue is less than the axnc�unt of the <br />sums se.c�ted immediately before tbe gartiat taking, destruction, ar Ioss in value, unless Barrower and <br />Lender otherwise agree in writigg, tke N�isceltaueous Proceeds shait be applie� to the sunu s�ured by this <br />Security In� w+he�her or not the sums are then due. <br />If the Property is ab�ndotted by Borrower, or i€, after notice by L,enc�es to Borrovver that the Opposing Party <br />(as defined in the next sentence) offers to make an award to settIe a cIaim for cfiamages, Borro�+er fails to <br />respond to Lercder within 30 days after the date the notice is given, Lender is authorized to colle,ct and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instaument, whether or not then due. "Opposing Party" means th� third party that owes Borrower <br />Miscella�eous Pr�eeds or tTze party against whom Borrower has a right of action in regard. to Miscetlaneous <br />Proceeds. <br />Borrower shall be in default if any action or pr�eeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeitiue of the Property or other material impairment of Lender's interest in the <br />Properiy or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Secrion 19, by causing the acrion 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 award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Properiy aze hereby <br />assigned and sha11 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-Single Family-Fannie MaelFr�ldie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Walters Kluwer Financlel Services <br />Form 3028 1 /01 <br />VMPBINE) (7105) <br />Page 10 of 17 <br />