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201�04288 <br />satisfaction, provided that such inspecrion 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 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 lessen�, 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 Bonower. Such Miscellaneous 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 se,cured 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 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 />Instrurnent shall be reduced by the amount of the Miscellau�us Proceeds multiglied by the following <br />fraction: (�} tfie tota� amount of the sums s�ured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any balance shail be paid to Borrower. <br />I�t the event of � partia;t taking, dest�c�ior�, or loss in value of the Pro�rty in which the fair market value of <br />the Property iaim�iately before the partial taking, destruction, or loss iII value is Iess than the amuunt of the <br />sums secured imrnediately hefore the partial taking, destruction, or Ioss in value, unless Borrower aud <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Seccirity �nstrument whether or not the stuns are then due. <br />If the Property is abaadoned by Bonower, or if, after notice by I.ender to �orrower that the Opposing Party <br />(as defined in the next sentence) offers to make an awazd to settle a claim for damages, Bonower faiLs to <br />respond to Lender within 30 days after the date the norice is given, Lender is authorized to collect and apply <br />the Miscellan�us Froceeds either to restoration or repair of the Property or to the sums secured by this <br />Security IBStrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a rigtct of action iu regard to Miscellan�us <br />Proce�ds. <br />Borrower shall he 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 />Properiy or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in S�rion 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 Instivment. 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 Lender. <br />All Miscellaneous Proc,eeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Famfly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financfal Services <br />Form 3028 1/O1 <br />VMP6(NE) (1105) <br />Page 10 of 17 <br />�i , � . . r T .. . . <br />