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201205416 <br />If the Property is damaged such Miscellaneous Proceeds shall be applied to restoration or repair of die Property. <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period. Lender shall have the right to hold such Mseellaneous Proceeds until Lender has had ,of <br />opportunity to inspect such Property to eusurc die work has been completed to Lender's satisfaction_ provided <br />that such inspection shall be underlaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be <br />required to pay Borrower any interest or clmings on such Miscellaneous Proceeds. If the restoration or repair is <br />not economically feasible or Lender's security would be lessened. lite Miscellaneous Proceeds shall be applied <br />to the suers secured by this Socurity hrstruinenL xvbelher or 1101 then due. with the excess, if any. paid to <br />Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction. or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrumen. whether or not then due, ividn the excess, ifany, paid to <br />Borrower. <br />In the event of a partial taking. destruction. or loss in value of the Property in which die fair market value of the <br />Property unmediately before lite partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sans secured by this Security Instrument kinucciately before die partial taking, destruction. or loss in <br />value, unless Borrower and Lender odicTWisc agree in writing, the stairs secured by this Security instrument shall <br />be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: !al the total <br />amount of the sums secured in mecludely before the partial laking, destruction, or loss in value divided by (b) die <br />fair market value of lire Property immediately before the partial taking. destruction, or loss in value. Any balance <br />shall be 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 the <br />Properly inunedialely before the partial laking, destrituion, or loss in value is less dran blue amount of due sums <br />secured immediately before the partial taking. destruction, or loss in value, unless Borrower and Lender <br />olhenvise agree in writing. die Miscellaneous Proceeds shall be applied to the sures secured by this Security <br />Instrument whether or not the sums ire then due, <br />If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the Opposing Parly (as <br />defined in the next sentence) offers to make wit award to settle a claim for damages. Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the <br />Iviiscellaneous Proceeds either to restoration or repair of the Property or to the stuns secured by this Security <br />Instrument. whether ornot then due. "Opposing Party" means the third party drat ewes Borrower 10scellaneous <br />nr <br />Proceeds 01 the party against ida Bormuer has a right of action is regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding whether civil or criminal, is begin that, in Lender's <br />_judgment, could result in forfeiture of the Properly or other material impairment of Lender's interest in the <br />Property or rights wider this Security Instrument. Borrower cau cure such a default and. if acceleration has <br />occurred reinstate as provided in Section 19, by causing hie action or proceeding to be dismissed with a ruling- <br />that, <br />ulingthat, in Lender's judgment. precludes forfeiture of the Property or other material impairment of Lender's interest in <br />the Property or rights wider this Security Instrument. The proceeds of any, award or claim for damages that are <br />attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to <br />Lender. <br />All Nusecllaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of annortizahon of the sums secured by this Security Instrument granted by Lender to Borrower or <br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in <br />interest of Borrower. Tender sural mol lie required to commence proceodiags agaiusl any Suu:essor in lnwres't of <br />Borrower or to refuse to extend time for payment or otherwise modify amortization of die sums secured by this <br />Security lnstru lent by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. <br />NC8RASKMSrgle Mac UNIFORM VJSP.UM . Fan 30281101 <br />VMP 0 VMP&NEI (1105).00 <br />Wdlerc Hhr n md,l Sellers Page 90115 <br />VIII If 11 VIII VIII IIIIIII IIII III VIII (I'll VIII VIII VIII IIIA III IIn <br />