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201206710 <br /> satis£action, provided that such inspzcrion shali be undertaken proinptly. Leuder ulay pay for the repairs <br /> and restoration in a single clisbursement ar in a series of progress paymcnts as the mork is completed. <br /> Unless aa ageement is made in mxiting or Applicable Law requires interest to 6e paid on snch <br /> Miscellaneous Proceeds, Lender shall not be requued to pay Bonowcr any interest or earnings on such <br /> Miscellaneous Proceeds. If the restoration or repair is not economieally feasible or Lendes's security 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[o Borro�ver. Such Miscellaneous Proceeds shall be <br /> applied in the order provided for in Scction 2. <br /> � In the e�ent of a fot�l taking destrucrion, or loss in value qf the property, the Miscellaneous Proceeds shall <br /> be applied to the sums secured by this Security Instrmnent, ivhether or not then due, with the excess, if any, <br /> paid to Borrowca. <br /> In the event of a partial talang, destnicrion, or loss in value of the kroperty in wluch tne fair market valuz o£ <br /> fhe Proper[y iimnediately hefore the partial taking, destruction, or loss in value is equal to or greater than the <br /> amount of the sums secured by this Sec�ity Instnunent ntunediately before the partial taking, destruction, ox <br /> loss in value, unless Borrower and Lznder otherwise agree in writing, the su�ns secured by this Security <br /> Instrument shall be reduced by the amount of the Miscellaneous Yroceeds multiplied b}�the following <br /> fraction: (a) the total ainount of tUe swns secured 'umnediately before Che partial taking, destaiction, or lass <br /> i�n vahia divided by(b)the fair mazket val�ue of the Property immediately before The partial taking, <br /> destruction, or Ioss in value. Any balance shall be pa:d to Borrower. <br /> In the event of a pa+-kial Yalang, destruction, or loss in value of the Property in which the fair markeL value of <br /> the Property immcdiately Uefore the partial taking, des4ruction, or loss in value is lcss than the awount of the <br /> sums secured immediately 6ef�re the partial talang, destruc[ion, or loss in value, iuiiess Borrower and <br /> Lender otherwise agree m writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br /> Security Instnunent whether ot not the sums aze then due. <br /> If the Property is abandoned by Borrower, ar if, after notice by Lender to Borro�ver that the Opposing Pazty <br /> (as defined in the ne�sentence) offers to make an award to settle a claun for damages, Borrower fails to <br /> respond to Lender witluxi 30 days after lhe date the notice is a ven, Lender is authorized to collect and apply <br /> the Miscellaneops Procaeds either Yo reatoraiion Ox repair of the Property or to the sums secizred Uy this <br /> Securify Instrument, whether or no2 then due. "Opposing I'arty" means the tlurd pariy that owes Borrower <br /> Miscellaneous Pr�ceeds or the pariy against whom Borrower has a right of action in regard to Miscellaneous <br /> Procezds. <br /> Borrower shall be in default if any action or proceeding ci�hether civil or cruuuial, is Uegun that, in I,ender's <br /> judgncnt, could result in forfeiture o€flie Property or oflier matcrial impaimient of Lender's interest in Lhc <br /> Properry or rights uuder this Security Instrument. Borrower can cure such a default and, if acceleration has <br /> occucced, zeinsYate as provided in Section 14, by causing the action or pxoceeding to be dismissed with a <br /> ruliag that, in Lender's judgment, paecludes forfeihxre of t�e Property or pther inaterial impaixment pf <br /> Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br /> claim for damages that aze aktributable to the:mpa.irment of Lender's urterest In the Property aze hereby <br /> assigned and shall be paid to Lender. <br /> All Miscellaneous Froceeds that aze not applied to restorahoa or repair of the Property sfiall be applied in the <br /> oxder provided foi in Secrion 2. <br /> zaoons� <br /> NEBRASKA-Single Family-Pannie PAaNFreddie Mac ONIFORhi INSTRUMENT Fo�m 3028 1l0� <br /> V M P(Ja VM P6(N EJ(�105) <br /> W olters Kluw er Fnancial Services Page'10 of 1] <br />