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201206682 <br /> sarisfacrion, provided tliat such inspection shall be undertaken proinptly. Lender may pay for tke repairs <br /> and seStoration in a single disburgement ox in a scries o£ptogress payn7ents as the work is com�let�d_ <br /> Unless an agreement is made in writing or Applicable I,a�w requues Lnterest to be paid on such <br /> Misoellaneous Proceeds, Lender shall not be required to pay Borrower any int�est or eanings on such <br /> Miscellancous Proceeds. If the restora[ion or repair is not economically fzasible or Lender's security would <br /> be lessened, the Miscellaneous Procezds shall he app[ied fo the suais secuced by this SeCuriry Insfrument, <br /> whether ar not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proeeeds shall be <br /> applied 3n tke order provided for in Section 2. <br /> In the event of a total t�2king, destruetion, or loss in value of the Properry, the Miscellaneous Proceeds shall <br /> be applied t�the sums secured by trus Security Insh-ument, u�hether or not[hen due, with the excess, if any, <br /> paid to Borrower_ <br /> in.the event of a pazrial taldng, destrucrion; or loss in value of Che Property in which the fair zuarket value of <br /> tfla Property 3mmediaTely before the parlial taking destructlon, or lass in value is zqual to or�eater than tha <br /> amoun�of the sums secun d by tivs Securiry Instnunent unmediately before the paztial takine, desh uction, or <br /> loss In vatue, unless Bonowex and Lender otherwise ab ee ln writing flie sums secured by this Security <br /> Insirmnent shall he reduced by the amount of the Miscellaneous Proceeds mi�ltiplied tiy the following <br /> fraction: (a)flie total amount of the sums secured inunediately bzfore$ie paztill taking, destruction, or loss <br /> in value divided by(b) the fair merkct value of tlie Property unmediafely before tJ1e partial taking, <br /> destructton, or loss in oalue. Aiiy balance shall Ue paid to Borrower. <br /> ln the event of a partiat taking,. destruction, or loss in value of the Property in wYuch the fair market value oP <br /> the Property immediately before the partial takiug, destructio�, or lass in value is less the�m the amoimt of the <br /> swns szcured immediately before the partial talang, destruction, or loss in value, unless Sorrower and <br /> Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to tlie sums secured hy[Uis <br /> Becuzity Instrummt whefher or not tlie svms are then due. <br /> If the Properiy is abandoned by Borrower, or if, after noiice by Lender to Borrower that the Opposing Party <br /> (as defined in the ne�sentence) offers to make an award to settle a clavn for damages, Borrower fails to <br /> respond to Lendex wit�in 30 days after the date the notice is given, Lender is authorized to collect aud apply <br /> the Miscellaneous Proceeds either to Y-estOratioa or repair of tl2e Pxoperty or to tfie suv�s secured by tlais <br /> Security Instnunent, whe4her or not then due. "Opposing Pazly" means the thlyd party that owes Borrower <br /> Miscellaneous Proceeds or the party against whom Borrower has a right of ac€ion in regard to Miscellaneous <br /> Proceeds. <br /> Borrower shall be in default if any action or proceeding, whefher civil ar cruninal, is begun ihat, in Lender's <br /> judgm�nf, could result iu forfeiture of lhc Property or othei material unpairnient of Lender's in4erest in Yhe <br /> Properiy ar rights under tfus Security In,humcnt. Borro�ver can cure such a default and, if acceleration has <br /> occurred, reuutate as provided in Section 19, by causing the action or proceeciing to be dismissed with a <br /> ruling that, in I.ender's judgmen�, precludes forPeiture of thc Property or other material impainnent of <br /> Lender's interest in the Properry or riarts under this Secwity InsLruinent. '1'he proceeds of any award or <br /> claim for damages that aze attributable lo the ii�ainnent of I,ender's interest in the Propc.�ty are hereby <br /> assigned and shall be paid to Lender. <br /> All Miscellaneous Proceeds 8ia.t are noY applied tq restoration oY repair of the Proputy shall he applied in the <br /> order provided for in Secrion 2. <br /> 24001142 <br /> NmRASKA-Single�Family-Fznniertla�lRetltlieMacUNIFORivt MSTRUbIENT Form3�281lQ'I <br /> VMP(y VMP6(NEJ(�105j <br /> N/oltars Kluwer Financial Servi:es PagE 10 of 1� <br />