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2U120670� <br />satisfaction, provided that such inspecrion 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, T.ender shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not ec;onomically feasible or Lender's security would <br />be lessened, the Miscellan�us 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. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Secrion 2. <br />In the event of a totat taking, destruction, or loss in vatue of the Property, the Mi�ellan�us Praceeds shall <br />be �pplied to the sc� securect hy this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In, the event of a partia:l taking, ctesiruction, or loss i� value of the Property in which the fair market value of <br />the Property immec�.iately be�ore the partial taking, destructian, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument imm�iateiy before the partial taking, destruction, or <br />Ioss in vatue, untess BQxro�wer and Lender Qtherwise agree in wtiting, the sums se,cure,ci by this Security <br />Iastrument shall. be r� by the amount of the 1�1'iscellanevus Proceeds muttiplie� by the following <br />fraccion,: f a) the tot� a�imt o�f the sums securec� i�ediateiy �fore tke partia,t taking, d�trucrion, or loss <br />ia value divided bY (b} tt�e fair market value o� the Propeity im�nedi�tely before the partiai taldng, <br />destru�tion, or Ioss ia value. Any balance shall be paid to �orrower. <br />I� the evem�t of � gartiat tatc'tag, cF�tructioa, or loss ia �atue ef the Property in which the fair market value of <br />ttce Praperty i�iatdy before the partial tatang, destructioa, or Ia�s in vaiue is l�s th� the amount of the <br />su� secureci i�.iately before the partial t�Iaag, des�vctioa, er Ioss in va[ue, unless BQrmwer and <br />Lender otherv�+ise ag¢ee ire vvritiag, the MiscelIaa�us Proceeds s� be a�p�i� to tke sums securecl by this <br />Security Im�cvmen� wfie�ier or uot the sums are thes c�ue. <br />If the Praperty is a�ra3cdQIIe� by Borrower, os if, after �o�ice by �nder to Borrower t�at the OPPos�g P�Y <br />(as c�efin� in the �t se�teace) offers to make aa awarc€ to settte a claim fer dan�ages, Borrower fails to <br />re.spond to Lender veithz� 3Q da:ys after the date the IIotice is given, Lender is authori2ed to collect and apply <br />the Miscellaneaus Fro�s e�ther to r�toration or repair of the Property Qr to the sums secured by this <br />Se�urity Instc�xment, whether or not theII due. "Ogposing Party" me�ans the third patty tUat owes Bvrrovver <br />1�Iiscellan�us Fr�s o� tize party against wham Bbrrovver h�s a right of actiort ia regatd to Miscellat�us <br />Proc�s. <br />Borrower shalt be in default if any acrion or proceeding, whetfier civil or criminal, is begun that, in Lender's <br />judgment, could result ui forfeiture of the Property or other �terial imgairment of Lender's interest in the <br />Property or rights under this Security I�trument. Borrower can cure such a default and, if acceleration has <br />accurred, reinstate as providai in Se,ction 19, by causing the activn or proceeding to be dismissed with a <br />ruting tl�at, in T.ender's judgment, precludes forfeiture of the Property or other materiat 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 aze hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restorarion or repair of the Property shall be applied in the <br />order provided for in S�tion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1l01 <br />VMP6INE) (1105) <br />Page 10 of 17 <br />