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2012040�� <br />satisfaction, provided that such inspection 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 Proceeds, Lender shall not be required to pay Borrower any interest or eaznings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity would <br />be lessene�, 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 Miscellan�us Proc,eeds 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 s�ured 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 taking, destruction, or loss in value is equal to or greater than the <br />ar�rount of the sums secured by tlus Security Instrument immediately before the partial taking, destruction, or <br />Iass in vatue, untess Borrower and I.ender otherwise agree in writing, the sums secured by this Security <br />TIISor�ment shall be rerluced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the snms s�ured immediately before the partial taking, destruction, or loss <br />in vatue divided by (b} the fair market value of the Property immediately before the partiat taking, <br />de.struction, or loss in value. Any balance shall Ue paid to Borrower. <br />Ia the even� of a partial taking, �estrucrion, or loss in value of the Property in which the fair market value of <br />the Pmpe�ty r�ately before the partiai taking, destruction, or Ioss in value is les.s than the amount of the <br />s� se.�u.t� imm�£iately before the parrial taking, destruction, or loss in value, t�less Borrower and <br />LeIIde� at�eerwise agree in vvritiug, the Miscellan�us Proceeds sbatl be applied to the sums secured by this <br />Security �ns�t whetber or not the swns are then due. <br />If tke Property is abanctoned by Borrower, or if, after norice by Lender to Bonower that the �pposing 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 Lender within 30 days after the date the norice is given, Lender is authorized to coll�t and apply <br />the MiscelIaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />1VFiscell�ns Proceeds os the party against whom Borrower has a right of action in regard to Miscellaneous <br />Fr�s. <br />�orrower shait be in default if any acrion or proceeding, whether civil or criminal, is begun thai, in Lender's <br />judgment, could result 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 accelerarion has <br />occurred, reinstate as provided in Secrion 19, by causing the acrion or proceefling to be dismissed with a <br />niling 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 attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to I.ender. <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 Mae/Freddle Mac UNIFORM INSTRUMENT <br />VMP p <br />Wolters Kluwer Financial Services <br />Form 3028 1l01 <br />VMP6INE) f1105) <br />Page 10 of 17 <br />