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20120476� <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 Bonower any interest or earnings on such <br />Miscellan�us Proceeds. If the restorarion or repair is not ec;onomically feasible or Lender's security 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 Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 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 event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately hefore the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this S�urity Instrument immediately before the partial taking, destrucrion, or <br />Ioss ia. vatue, unless Bonower and L�nder otherwise agree in writing, the sums secured by this Security <br />Imt.c�mer�t shall be reduce� by the amount of the Miscellan�us Proc�eds multiplied by the following <br />fraetion: (a) the total amount of the swns se,cured immediately before the paztiat taking, destruction, or loss <br />in value divided by (b) the fair market value of the Properly immediately before the paztial taking, <br />destruction, or loss in vatue. Any balance shall be paid to Borrower. <br />In the event of a gartial taking, destruction, or Ioss in value of the Property in which the fair market value of <br />the �roperty immediately before the partial taldng, destruction, or loss in value is less than the am�unt of the <br />sums secure�i i�ediately before the partial taking, destractivn, or loss in value, unless Bonower and <br />Lender otherwise agree in writing, the Miscelianeous Proceeds shall be appIied to the sums se.cured by this <br />�CUrity Insavment �t+hether or not the sums are then due. <br />If the Property is abandoIIed by Borrower, or if, after IIotice by Lender to Bonower that the Opposing Party <br />(as defined in the next sentenc�) offers to make an a�vard to settle a claim for damages, Borrower fails to <br />respond to L�nder within 30 days after the date the norice is given, Lender is authoriaed to colle,�t and apply <br />the Miscell�us Proceeds either ta restoration or repair of the Property or to the sums secured by this <br />Security Instrament, whether or not then due. "Opposing Party" means the third pariy that ov�+es Borrower <br />Miscellaneous Pra�s or the pazty against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall h� in default if any action or proc�eeding, whether civil or criminal, is begun that, in Lender's <br />judgment, c.ould 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 action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pre,cludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proc,eeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assign� and sha11 be paid to Lender. <br />All Miscellaneous Proceeds that ue not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Se,ction 2. <br />NEBRASKA-Single Fam(ly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Ftnancial Services <br />Form 3028 1/01 <br />VMPB{NE) (7105) <br />Page 10 of 17 <br />,? � : .� .. <br />