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20120575� <br />satisfaction, 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 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 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 Insmunent, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceerls 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Bonower. <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, destrucrion, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the partial taldng, destruction, or <br />loss in value, unIess Borrower and Lender otherwise agree in writiug, the sums secured by this Security <br />I�tr�eT±+ shall be reduced by the amount of the Miscellan�us Pra�eeds mulriplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destrucrion, or loss <br />in value divided by (b) the fair market value of the Froperty immediately before the partial taking, <br />destrucrion, Qr loss in value. Any balance shall be paYd to Bonower. <br />In the event of a partial talcing, destruction, or loss in value of the Properiy in wluch the fair market value of <br />the Property immediately before the partiat taking, destrucrion, or loss in value is less than the amount of the <br />sums se�cu,red immediately before the parti�l tat�ing, d�truction, or Ioss in vaiue, unless Bonower and <br />Lender otiterwise agree in writing, the Misceuan�us Proce,eds shall be applied to the sums secure,ci by this <br />Secvrity Insltument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lenc�er to Borrawer that the Opposing Party <br />(as defined in the neRt seatence) offers to make au award to settle a claun for damages, Borrower fails to <br />respond to Lender within 30 days after the date the norice is given, I.ender is authorized to collect and apply <br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellan�us Proceeds or the pazty against whom Borrower has a right of acrion in regazd to Miscellan�us <br />Proc�eds. <br />Borrower shall be in default if any action or proceeding, whether civit 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 />Progeriy or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occuned, 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 awazd or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby <br />assigned and sha11 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 Secrion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Flnancial Servicas <br />Form 3028 1 /01 <br />VMP6(NE) (11051 <br />Page 10 of 17 <br />� ° � . 1 <br />