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201205658
<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 />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 security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security 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 taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />be applied to the sures 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 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 secured by this Security Instrument inuilediately before the partial taping, destruction, or
<br />loss in value, unless Borrower and Lender otherwise agree in writing, the sures secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction; (a) the total amount of the sums secured immediately before the partial taping, destruction, or loss
<br />in value divided. by (b) the fair market value of the Property immediately before the partial taping,
<br />destruction, or loss in value. Any balance 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
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
<br />sums secured immediately before the partial laying, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suras secured by this
<br />Security Instrument whether or not the sun -is are then due.
<br />If the Property is abandoned by Borrower, or if,, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an award to settle a claire for damages, Borrower fails to
<br />respond. to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the suras secured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />.judgment, could result in forfeiture of the Property or other material 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 Section 19, by causing: the action or proceeding to be dismissed with a
<br />ruling that. in Lender's .judgment, precludes forfeiture of the. Property or other material impairment of
<br />Lender's interest in the Property or rights under this. Security Instrument., 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 />assigned and shall be paid to Lender,
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Properly shall be applied in the
<br />order provided for in Section 2.
<br />24001387
<br />NEt3RASKA-SIng le Family -Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT Form 3428 1/01
<br />VM P p VM PG(NE� (1 10 6)
<br />Wolters Kluwer Financial Services Page d of 17
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