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20120454�
<br />sarisfaction, 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 />Miscellan�us Procceds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's se.curity would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Se,curity 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 Secrion 2.
<br />In the event of a total taking, destrucrion, 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 evern of a partial taking, destrucrion, or loss in value of the Property in which the fair market value of
<br />the Properiy immediately before the partial taking, destruction, or Ioss in value is ecZual to or greater than the
<br />amount of the sums secured by this Security Instmm�ent immediately Uefore the partial tat�ng, destruction, or
<br />loss in vaIue, uniess Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instnunent shall be reduee� by the amou�t of the Miscellan�us Froceeds mulriplied by the following
<br />fraction: (a) the total amount of the sums secured i�ecliately before the partial taldng, destruction, or Ioss
<br />in �alue divided by (h) the fair market value of the Property immediately before the partial taicing,
<br />destrucrioa, or loss in vatue. .Any baIance shall be paid to Borrower.
<br />Ta the event of a partiai taking, destruction, or Ioss in vatue of the Property in. which the fair market value of
<br />the Propeit�r immediaiely before the partiai taking, destruction, or loss in value is less than the amount of the
<br />sums s� imme�iately before the partial taking, de�ruction, or loss in value, unless Borrower and
<br />Lender otherwise agree iII writing, the Miscellaneous Pra�eeds shaIl be applied to the su�ns se�ured: by this
<br />3e,curity Iustrument whether or not the sums are then due.
<br />If the Praperiy is abandan� by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the nea�t sentence) offers to make an awarcl to settle a claim for damages, �rrower fails to
<br />respond to I.ender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the 1VliscellaneQUS Praceeds either to restoration or repair of the Property or to the sums secured hy this
<br />Security Instrument, whettrer or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaaeous Procceds or the party against whom Borrower has a right of action in regarc� to Miscellaneous
<br />Proce.ecis.
<br />Barrower shall be in default if any action or proceeding, whether civil or criminal, is begun thai, in Lender's
<br />judgment, could result in forfeiture of the Property or other material imgairment of Lenc}.er's interest in the
<br />Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 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 Instn�ment. The proceeds of any award or
<br />claim for damages that aze attributable to the impairment of Lender's interest in the Property aze hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds 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 Famlly-Fannie MaelFreddie Mac UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Financfal Services
<br />Form 3028 1 /01
<br />VMPBWE) (1105)
<br />Page 10 of 17
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