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201205209 <br />satisfaction, provided that such inspecrion 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 Proc.eeds, Lender shall not be required to pay Borrower any interest or eaznings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sums secured by this 5ecurity 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 taldng, 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 Borrower. <br />In tt►e event of a partial taking, destruction, or loss in value of the Progerty in which the fair market value of <br />the Property immeciiately before the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Insttument immediately before the partial taking, destrucrion, or <br />loss in value, unless Borrower and F.ender otherwise agree in writing, the sumS secured by this Se.curity <br />Instrument shall be reduced by the amouat of the Miscellaneous Proceeds multiplied by the follovving <br />fraction: (a) the total amount of the sums s��ed immediateiy before the partial taking, destruction, or loss <br />in value divided by (b) the fair market vatue of the Property immediately before the partial taking, <br />destruction, or Ioss iII value. Any baianc� shall be paid to Borrower. <br />In the event of a partiat taking, d�an, ar toss in vatue of the Property in which the fair market vatue of <br />the Property immediately before the gartial tatciag, destruction, or loss in vaIue is less than the anmunt of the <br />sums secure�: immediat�Iy before the partial takiag, c�estructiou, or loss in. value, unless Borrower and <br />Lender otherwise agree itt writing, the 11�iscell�us Pr�s shall be appIied to the sums se,cured by this <br />Security Instcument whether or not the s� are thea due. <br />If the Pro�ry is abandonal by Borrower, ar 'r,£, after notice by Lender to Borrower that the Opposutg Party <br />(as definat in the next sentence) offers tQ malce 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, Lender is authorize,ci to collect and apply <br />the Miscellaneaus Proceeds either to restQration or repair of the Property or to the sums s�ured by this <br />Security Instrument, whether or not thea due. "Opposing Parly" means the third party that owes Borrower <br />Miscellaneous Proceeds or the part,r agaiIISt whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shalI be in default if any ac�ion or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of tbe Property or other material i�airment of Lender's interest in the <br />Property or rights under this Security �nst�vment. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pre,cIudes forfeiture of the Property or other material impairment of <br />T,ender's interest in the Property or rights under this Security Instrument. The praceeds of any awazd or <br />claim for da,mages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Servic� <br />Form 3028 1/01 <br />VMPBINE) (1105) <br />Page 10 of 17 <br />b <br />