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201204899
<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 />Miscellan�us Procceds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity would
<br />be lessened, the Miscellaneous Proce�s 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 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 secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Botrower.
<br />In the event of a partiat taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Propert�t immediately before the partial taking, destxucrion, or loss in value is equal to or greater than the
<br />amount of the sums s�ured by this Security instrument immediately before the partial taking, destruction, or
<br />loss in value, unle�s Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amovnt of the Miscellaneous Proceeds mulriplied by the following
<br />fraction: (a) the total �nount of the sums secure,ci immecliately before the partial taldng, destruction, or loss
<br />in vatue divided by (b} the fair market value of the Progerty immediately before the partial taldng,
<br />dest�vction, or Iass in value. t�ny balance sha11 be paid to Bnrrower.
<br />In the event of a paztial taking, destrucrioa, or loss in value of the Property in wIuch the fair market value of
<br />the Froger�y immediately before the partiat taking, destruction, or loss in, value is Iess than the �unt of the
<br />sums s�ecurec� imme�iately before ti�e partiaF tatdng, destruction, or Io�s in vatue, unless Borrower and
<br />Lender othervvise agrez ig writing, the 11�iscelIan�us Proceects shall be agpIied to the sums se.cuze� by this
<br />Security �trnment whether or not the � aze then due.
<br />If the Property is abandoned: by Bflrrower, or if, after notice by £,ender ta Borrawer that the Opposing 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 notice is given, LeIIder is authorized to collect and apply
<br />the Mi�ellaneons Proceeds either to restoration or repair of the Property or to the sums secure� by this
<br />S�urity Insl�ment, whether or not then due. "Opposing Party" m�ns the third pariy that owes Borrower
<br />MiscelIaneous Proceeds or the party against whom Borrower ha� a right of action in regard to 1V�iscellan�us
<br />Proceeds.
<br />Borrower shall be in default if any action or proc.eeding, whether civil or criminal, is begun that, in Lender's
<br />judgment, could ses�ilt in forfeiture of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Instnunent. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Secrion 19, by causing the action or procceding to be dismissed with a
<br />ruling that, in Lender's judgment, pre,cludes forfeiture of the Progerty or other material impairment of
<br />Lender's interest in the Property or rights under this Security Instniment. The proceeds of any award or
<br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby
<br />assignefl and shall he 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 Secrion 2.
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O7
<br />VMP � VMP6WE) (1105)
<br />Wolters Kluwer Financial Sarvices Page 10 of 17
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