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20�20675; <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restorarion 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 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. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 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 seeure,�i 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 taldng, d�ction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the pazrial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or <br />Ioss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fracrion: (a) the total amo�rnt of the sums secured immediately before the partiai taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />�nction, or loss in value. Any balance sha1l be paid to Borrower. <br />In the event of a p� taTdng, c�trciction, or loss in vatue of the Property in whicfi the fair market value af <br />the Property imm�ateFy befare the pazriat talflag, destructioII, or loss ia vatue is Iess than the amount of the <br />s�m,s securec� im�.iateby before t�e partial takiag, desiruction, ar Ioss in vatue, unIess Borrower and <br />�der otberr�vise agree i� �rriti,�g, tF� MisceIla��us Praceeds shatl be apptied to the sums secured by this <br />�ity Instrument vvl�ether or u�t tF�e ssgns are then ciue. <br />If tfie Properiy is alsaadoa�. try ��tc�wet, oa if, after natice by Lender to Borrower that the Opposing Party <br />(as define,�i in tt�e next seateace) offers to arake au award to settle a claim for damages, Bonower faiLs to <br />resgond to LsncYei �ithia 3Q days after the c�ate the natice is given, Lender is authorize�i to collect and apply <br />the Miscellan�us Frc�eec�s ei.ther to re.stor�rtion or repair of the Property or to the sums secured by this <br />�urit�r in�,�,s, w1let�her «r not ti�en c�ue. "�lgposing Party" means the third party tbat owes Bonower <br />Miscellan�us Proee.e�s os the party against wha�t Borrower has a right of action in regard to MisceIIaneous <br />Proceeds. <br />Borrower shall be ig defautt if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Progerty or other material 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 />occuned, reinstate as provided in Section 19, by causing the action or procceding to be dismissed with a <br />ruiing that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Se,curity Insixument. The proceeds of any award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Properiy are hereby <br />assigned and shall 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 5ection 2. <br />NEBRASKA-Single Family-Fannie Mae/F�eddle Mac UNIFORM INSTRUMENT <br />VMP � <br />Walters Kluwer Financial Services <br />Form 3028 7/Ot <br />VMP6(NEI (1105) <br />Page 10 of 17 <br />' G <br />