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20120423� <br />sarisfaction, provided that such inspecrion shall he 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 Bonower any interest or earnings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity 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 Bonower. Such Miscellan�us Proceeds shall be <br />applied in the order provided for in Secrion 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 />Tn 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, destrucrion, or loss in value is equai to or greater than the <br />amou� of the sums securat bp this Security Instrument immediately before the partial taking, destruction, or <br />loss ffi value, unless Borrower and Le�der otherwise agre.e in writing, the sums secured by this Se,curity <br />�ent shalt be reduced by the amount of the Miscellaneous Froceeds mtil�iplied by the following <br />fi�ction: (a) the totai amount of ttie sums se,cured immediately before the partia� taking, destruction, or loss <br />in value divided by (6) the fair market value of the Property unmediately before the partial taking, <br />destruction, or Ioss in value. Any batance shall be paid to Borrower. <br />1'n t�ie ewent af a pattial taking, destr�ction, or loss in value of the Property in which the fair �rket value of <br />tiie Fraperiy ix�uediately before the partiat tatdag, destruction, or loss ia value is less than the amount of the <br />su� secu.red im�nediateIy befare tfie partiai taking, destruction, or loss in value, unless Borrower and <br />Lender otfierwise agree ia wririag, the Miscellaneous Proceeds shall be applied to the s�ms secured by this <br />Secuzity Instrument whether or not the s�s are then due. <br />�f the Property is abarsdonecF by Borrow�r, or if, after notice by Lender to Borrower that the Opposing Parly <br />(as de5ned 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, I.ender is authorized to collect and apply <br />the Miscella�us Proceeds either to restoration or repair of the Progerty or to the sums secured by this <br />Security Instrument, whether Qr not then due. "Opposing Party" means the third party that owes Borrower <br />Miseellaneous Proceeds or the party against whom Borrower has a rigtct of acrion in regard to Miscellati�us <br />Pmceeds. <br />Borrawer 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 />Properiy or rights under this Security Instrument. Borrower can cure such a default and, if accelerarion 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 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 aze amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to I.ender. <br />All Miscellaneous Procee�s that are 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/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Ftnancial Services <br />Form 3028 1/01 <br />VMP6WE) 11105) <br />Page 10 of 17 <br />