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2o�2oss9� <br />sarisfacrion, 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 Bonower 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 Miscellan�us Proceeds shall be applied to the sums se,cured 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 Section 2. <br />In the event of a total taldng, destruction, or loss in value of the Properiy, the Miscellaneous Proceeds shall <br />be applied to the sums s�ured by this Security 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 />amount of the sums s�ured by tius Security Instrument immediately hefore the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />I�trument shall � reciuc� by the affiount of the Miscellanevus Proceeds multiplied by the folIowing <br />fraccio�: (a) the total amount of the sums se,cured immediately before the partial taking, destruction, or Ioss <br />i� �raiue divided by (b) the fair mazket value of the Progerty immediately before the partial taldng, <br />d�ction, or Ioss in value. Any bala�cce shall be paid to Borrower. <br />Ig the ev�t of a partiaB t�ki�cg, d�ction, or loss in value of the Property in whieh the fair market value of <br />th� Frop�rty �iately bef�re the partia! taking, d�tivccrion, or Ioss in value is Iess ti�an the amount of the <br />s�ms � i�iately Txf�re t�►e partial taking, destruction, or Ioss in. vatue, unless Borrower and <br />�er �therwise agr� ire �i�g, tiae Miscellaneovs Proceeds shall be applied to the sums se,cured by this <br />��t w+k� o� � tise surc�c are then due. <br />If tl�e ProPert� is �a�ecY �y Borrower, or if, after notice by �der to �arrower that ti�e QpposinS P�Y <br />(as def�a� in tl�e ae.� s�� o�s ta make an award to settte a claim for damages, �orrower fails to <br />r�pond to F,endes �vithia 3fl days after the date the norice is given, Lender is authorized to collect and apply <br />the Misaellaneous Procseds ei�her td restoration or repair of the Property or to the sums se,cured by this <br />Security �t, wr�er c� �t the�s due. "OPPosing Party" means the tl�ird party that owes Borrower <br />11�iSCeltan�us PL�s or the garty against whom Borrower has a right of acrion in regazd to Miscellaneous <br />Pro�eeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />ju�gment, could result in forfeiture of the Property or other �terial impairment 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 />accurred, reinstate as provided in S�rion 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pr�ludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Insttvment. The proceeds of any award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Progerty aze hereby <br />assigned and sha1l be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddle Mac UN�FORM INSTRUMEIVT <br />VMP p <br />Wolters Kluwer Finencial Services <br />Form 3028 7 /01 <br />VMP6WE) (1105) <br />Page 10 of 17 <br />� F : � . . <br />