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�Q120657�
<br />If the Properiy is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
<br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
<br />such repa,ir a.nd restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
<br />Lender has had an opgorlunity to inspect such Property to ensure the work has been completed to Lender's
<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 progess payments as the work is completed.
<br />Unless an agreement is made in writing or Applicable Law requues 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
<br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
<br />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 Properly, the Miscellaneous Proceeds
<br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
<br />if any, paid to Borrower.
<br />In the event of a partial talting, destntction, or loss in value of the Property in which the fair market value
<br />of the Property immediately before the partial ta,king, destruction, or loss in value is equal to or greater
<br />than the amount of the sums secured by this 5ecurity Instrument immediately before the partial taking,
<br />deshuction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured
<br />by this Security Instntment shall be reduced by the a.mount of the Miscellaneous Proceeds multiplied by
<br />the following fraction: (a) the total amount of the sums secured immediately before the partial taking,
<br />destruction, or loss in value divided by (b) the fa.ir market value of the Property immediately before the
<br />partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a parUial taking, deshuction, or loss in value of the Properly in which the fair market value
<br />of the Property immediately before the partial ta.king, deshuction, or loss in value is less than the amount
<br />of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower
<br />and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured
<br />by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
<br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
<br />fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect
<br />and apply the Miscellaneous Proceeds either to restoration or repa.ir of the Property or to the sums secured
<br />by this Security Instrument, whether or not then due. "Opposing Parly" means the third party that owes
<br />Borrower Miscellaneous Proceeds or the parly against whom Borrower has a right of action in regard to
<br />Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,
<br />if acceleration has occuned, reinstate as provided in Section 19, by causing the action or proceeding to
<br />be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other material
<br />impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of
<br />HCFG-D0359
<br />NEBRASKA-Single Famiy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 3028 1/01
<br />VMP� 01/12
<br />Wokeis Kluwer Financial Servicas 201208014.1.12336-J20120729Y Page 10 oi 16
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