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20120492i <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 />Miscellaneous Proceeds, 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 Proceeds shall be applied to the sums secured by this Security Insmiment, <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 Miscellan�us Proceeds sha11 <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 taidng, destrucrion, or Ioss in value of the Property in which the fa:is market value of <br />the Property immediately before the partial taking, destniction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the pazrial taking, destruction, or <br />loss in vatue, unieas Borrower and I.ender Qtherwise agree in writing, the sums secured by tlus Security <br />InstrumeIIt sbatt be aed�ced by the amQUnt of th.e Miscellaneous Proceeds muiriplied by the following <br />fraction: Ea) tiie totat amount of the s�ms secured immediately before the partial talci�g, destructian, or Ioss <br />in value dividecfi i�y (6) the fair market value of the Property immediately before the partial taldng, <br />destraction, or toss in value. Any balarice slial� be paid to Bonower. <br />In the event o€ a gartial tatc�g, destruction, or loss in value of the Property in which the fair market value of <br />the Properiy imme�iately before the Partiat taking, destruction, or loss in value is less than the amount of the <br />sums s�ure� i�iately before the partiai ta�Cing, destruction, or loss in value, unless �orrower and <br />Lencter otherr�ise agree in writing, the Miscellaneous Froceeds shall be applied to the sums secure,d by this <br />Security Instrt�ent whetlter or not the sums are then due. <br />If the Property is a�an�oned by Borrower, or if, after no�ice by Lender to Borrower that the Opposing Party <br />(as defined in tke next sentence) offers to mal�e aa award to settle a claim for damages, Borrower fails to <br />respond to Lender atithin 30 days after the date the notice is given, Lender is authorizerl to collect and apply <br />the Miscellaneous Proceer�s either to restoration or repair of the Property or to the sums secured by tY�is <br />Security Istr��m�►+, whether or not tflen due. "Opposing Pariy" means the third party that ow� Borrower <br />Miscellaneous Pr� or the party against vvfiom Borrower has a right of acrion in regard to Miscellaneous <br />Proc�ds. <br />Borrower shall be in default if any acrion or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other materi�l impairment of Lender's interest in the <br />Property or rights under this S�urity Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the acrion or pror.eeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairmenc 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 attributable to the impairment of Lender's interest in the Property aze hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proc,eeds that aze not applierl to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-S(ngle Family-Fannie Mae/Fraddte Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMP8INE) (1105) <br />Page 10 of 17 <br />i, <br />