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20120663� <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 Procceds. If the restoration or repair is not e,conomically feasible or Lender's s�urity 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. 5uch Miscellaneous Proceeds shall be <br />applied in the order provided for in Secrion 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 Se,curity 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 />anlount of the soms se.cured by this 5ecurity Instroment immecliately before the partial taking, destruction, or <br />Ioss in vatue, unl�s Borrower aud. I.eader otherwise agres in writing, the sums secured by this Security <br />���*+r shall be reduce.� lry the an2o� of the Misee�i�neaus Praxeds multiplied by the folFowing <br />fraction: (a) ihe tota� a�uat af the � s�ecure� immeciiately before the partial taldng, destruction, or lo�s <br />ia value divided bY (b) t�ce fair mark� value a€ the Paoperty i�ediately before the partial taking, <br />d�on, or Ic�ss in value. Any b�asce sha�i be paid to Borr�wer. <br />�t t�e �venc of a gartial ta�aag, �oa, or Ic�ss in value of th� Property in which the fair m�ket vaiue af <br />t�Ce Frap�.ty im�diately �fore t� g�rtial taking, destn�c�ion, ar Ioss in val�re is less than the amatmt of the <br />sum� s� irnmea�iat�by befor� � g�tiai tat�g, dest�tion, crE I� in value, u.Btess �orro�►er � <br />Lead� ot�er�se �g� in v�iE�ag, c�e MisceFta�vs �'s �� a�plied to tt�e sctms seeure,c� by thEs <br />�'xty I�t wrl�e�er os � t�e �ms are thea du�. <br />�£ the Psogert5t js aGagc��ed �iy &isro�er, or if, after rn3tice i�y �cter ta Barrower that the OFposi�g P�rt� <br />(as defia�d in the IIext seateIICe) offers to make an award to settle a claim for damages, Borrower fails to <br />respan� to Lencfie� witi�i� 30 days �fter the dat� the natice is given, Lender is authorized. to coll�t and appIy <br />the Mi.s�aneons Froce�s eitt�er to rest�rration or repair of the Property ar to the sums se.cured by ttris <br />Seeurity �t, �arhether or mot t�n due. "Cl�gosing Pariy" means the third pacty that owes Borrower <br />MisceIlaa�us Prc�eeci.c or the party against whom Borrovv�es has a right of action in regard to Miscellatreovs <br />Paocee�s. <br />Borrower shall be in default if any action or proc�ci.ing, whether civil or criminal, is begun that, in Lender's <br />judgment, conld result in forfeiture of the Property or other material impairnient of Lender's interest in the <br />Property or rights under tl�is Secutity Instrument. Bortower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Secrion 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pre,cludes 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 shali be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restorarion or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMPBINE) 111051 <br />Wolters Kluwer Flnancial Services Page 10 of 17 <br />� • ` <br />