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201206538 <br /> satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br /> and resmration in a single disbucsement 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 no[be required to pay Borrower any interest or earnings on such <br /> Miscellaneous Procceds. If the restoration or repair is not economically feasible or Lender's security would <br /> be lessened, the Miscellaneous Procezds shall be applied to the sums secured by this Security Instrument, <br /> whether or no[then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proc�ds shall be <br /> applied in the order provided for in Section 2. <br /> In the event of a total taking, destmarion, or loss in value of the Property, the Miscellaneous Proceeds shall <br /> be applied to the sums secured by this Security Insmunent, whether or not then due, with the excess, if any, <br /> paid to Borrower. <br /> In the event of a pattial taking, des[ruction, or]oss in value of the Proper[y in which the fair market value of <br /> the Property immediately before the paztial talang, destruction, or loss in value is equal to or greater than the <br /> amount of the sums secured by this Security Instrument immediately before the par[ial taking, destruction, or <br /> loss in value, unless Borrower and Lenda otherwise agree in writing, the sums suured by this Security <br /> Instrument shall be reduced by the amount of the Miscellaneous Proc�ds multiplied by the following <br /> fraction: (a)the total amount of the sums secured immediazely before the partial taldng, destmction, or loss <br /> in value divided by(b)the fair market value of the Property immediately before the partial taldng, <br /> destruction, or loss in value. My 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 tak�, destruction, or loss in value is less[han the amount of[he <br /> sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and <br /> Lender othenvise agrce in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br /> Security Instrument whether or not the sums aze then due. <br /> If the Property is abandonad by Bonower, or if, after notice by Lender ro Bonower that the Opposing Party <br /> (as defined in the next sentence)offers to make an awazd to settle a claim for damages, Borrower fails to <br /> respond ro Lender within 30 days after the date the notice is given, Lender is authorized ro collec[and apply <br /> the Miscellaneous Proceeds either to restoration or repair oF the Property or to the sums secured by this <br /> S�urity Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower <br /> Miscellaneous Proceeds or[he party against whom Borrower has a right of action in regazd to Miscellaneous <br /> Ptoceeds. <br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun[hat, in L,ender's <br /> judgment, could result in forfeiture of the Property or other material impaim�ent 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 /> niling that, in Lender's judgment, precludes forFeirure of ffie 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 tl�at are attributable to the impairmem of Lender's interest in the Property aze hereby <br /> assigned and shall be paid to L.ender. <br /> All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br /> order pmvided for in Section 2. <br /> NEBRASKA-Single Family-Fannie Mae/FretlCia Mac UNIFOFM INSTRUMENT Form 3028 1/01 <br /> VMP� VMP6�NE��11051.00 <br /> Wolters KWwer Flnancial Services PeBe 10 of 1] <br />