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20 �206843 <br />satisfaction, 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 Borrower 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 Bonower. Such Miscellaneous Proc�eeds shall be <br />applied in the order provided for in S�tion 2. <br />In the event of a total taldng, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured 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 Ioss in value of the Property in which the fair market value of <br />the Property immediately before the partial ta�ng, destructioa, or loss in value is equal to or greater than the <br />ainount of the sums s�ure�i by this Security Instniment immediately hefore the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agr� in v�+riting, the sums secured by this Security <br />Instrument shall be rednced by the amount of the Miscella�eous Proceeds mulriplied by the following <br />fraction: (a) the total amount of the sums se,cured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market vatUe of the Property immediately before the paztial taking, <br />�ction, or loss in value. Any balance shall be paid to Borrow+er. <br />In the event of a partial tatang, destruction, or lass in value of the Property in which the fair market value of <br />the Froperty immediately �fare the partial taki�g, ctestrucrion, or loss in value is less than the amount of the <br />sums se.cured imm�iately before the partiat talang, d�ior�, or loss in value, uuiess Borrower and <br />I.ender otfierwise agree in writiag, tke 1VliscellaIIeous Froceeds shatl be applied to the sums secured by ttus <br />Seeurity Ia�strurnent whet�er or not the sums are therc d�e. <br />Tf the Property is abaadnnec� by Borrower, or if, after notice try L,ender to Borrower that the Opposiag Party <br />(as defined in the next �ntence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 3Q days after the date the notice is given, Lender is authorized to coll�t and apply <br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instniment, whether or aot then due. "OPPosing Party" means the third party tUat owes Borrower <br />Miscellan�us Pr�s or the pariy against whom Borrower has a right of acrion in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result iu forfeiture of the Property 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 />occurred, reinstate as provided in Secrion 19, by causing the action or proceeding to be dismissed with a <br />ruling 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 Security Instrument. The proceeds of any award or <br />claim for datnages 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 Proc,eeds 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/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wolters Kluwer Financial Services <br />Form 3028 1 /01 <br />VMP6(NE) (1105) <br />Page 10 af 17 <br />