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201205033 <br />satisfacrion, provided that such inspection sha11 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 agre,ement 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 eaznings on such <br />Miscellan�us Proc.eeds. If the restoration or repair is not ec;onomically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums se.cured by this S�urity Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellan�us 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 S�urity 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 secu� by tlus Security Instrument immediately before the partial taking, destruction, or <br />Ioss in value, unless �orrower and Lender otherwise agree in vvriting, the sum�s s�ured by this Security <br />fnstrument shall be reduced by the amount of the Miscellaz►eous Proceeds multiplied by the following <br />fraction: (a) the tota� amount of the sums secured immec�iately hefore the partial takeng, destrucrion, or loss <br />in value divid� bY (U) the fair market vatue of the Property imme�iatety befare the partiai taking, <br />destnicrion, or Ioss in vatue. Any balance shall be paid to Borrower. <br />In the event of a part'caI tatdng, destruction, or Ioss in vatue of the Property in which the fair market vatue of <br />the Property immedaat�ty before the partial tatang, destruction, or Iass in value is le.ss than the amaunt of the <br />sums secured imme�iately before ttte partiat taki�ng, destruction, or loss uc value, unle.cs Borrow�r and <br />Lender otherwise agree ig writing, the Miscellan�us Proceeds shall be apglied to the sums secured by this <br />Security inctn,�t wfiether or not the sums ate then due. <br />If the Property is abandoned by Borrower, or if, after norice by Lender to Borrower that the Opgosing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for da.mages, Borrower fails to <br />respond to Lender wit�in 30 days after the date the norice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proceeds eit�er to restoration ar repair of the Property or to the sutns secured by this <br />Security Instrument, v�rhether or not then due. "Opposing Party" means the third part}+ that owes Borrower <br />Miscellaneous Proc�eds or the party against whom Borrower has a right of action in regard to Miscellan�us <br />Proceeds. <br />Borrower shall he 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 Ynaterial impairment of Lender'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 Secrion 19, by causing the action or proc�ding to be dismissed with a <br />ruling that, in Lender's judgnient, precludes forfeiture of the Properiy or other material impairment 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 are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and sha11 be paid to Lender. <br />All Miscellan�us Prace�ds that are not applied to restoration or repair of the Property shall be applied in the <br />order provide� for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Form 3028 7/O7 <br />VMP � VMPB(NE) (1105) <br />Wolters Kluwer Financlel Services Page 10 of 17 <br />k. � - <br />� <br />