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201206534
<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 Pror.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 Proc.eeds shall be applied to the sums secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be
<br />applied in the order provided for in Secrion 2.
<br />In the event of a total taking, destrucrion, 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 the event of a partial taldng, destrucrion, 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 s�,s secured by this Security Instrument immediately before the partial taldng, destruction, or
<br />loss in value, untess Bonower and L,ender otherwise agree in writing, the sums secured by this Security
<br />Instr�ment sl�Il be reduc� by the amount of the Miscellaneous Proceeds multipiied by the following
<br />fractiou: (a} the tatal. amount of the sums s�ured immediateIy before the gartial taking, destruction, or loss
<br />in value dividerl by (b) the fair market value of the Property immediately before the partial taking,
<br />destrucrion, or loss in value. Any balance shail be paid to Borrower.
<br />In the event of a partial talang, destNCtion, or Ioss in value of the Pmperty iu wluch the fair market value of
<br />tfie Property immectiately before the paztial tak'cng, desrivctian, ar Ioss in value is less than the amount of the
<br />sums secured im�ediately before the parrial ta�ng, destruction, or loss in value, unless Borrower aud
<br />I.ender otherwise agree in vvriting, the Miscellan�us Proceeds shall be applied to the sums se,cured by this
<br />Security �t whether or not the suffi are tfien due.
<br />If tfie Property is abandoned by �orrower, or if, after notice by I.ender to Borrower that the Opgosing Party
<br />(as defin�3 ffi the next seatence) offers to matce an award: to settle a claim for damages, Bonower fails to
<br />respond to L�nder wittun 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaiceaus Pmc�eds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrumeat, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />1V�iscellaIIeaus Froce�s or the party against whom Borrower has a right af action in regard to Miscellan�us
<br />Fr�s.
<br />Barrower 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 Froperty or other material impairment of Lender's interest in the
<br />Progerty 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�eding to he 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. Tfie proceeds of any award or
<br />claim for damages that are attributable to the impaitment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous Procceds 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 Mea/Freddie Mec UNIFORM INSTRUMENT
<br />VMP �
<br />Wolters Kluwer Financ(aI Serv(ces
<br />Form 3028 1/01
<br />VMP6(NEM (1105)
<br />Page 10 of 17
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