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�0�20� <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 economicaliy feasible or Lender's security would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sums secured by this S�urity Instrument, <br />whether or not then due, with the excess, if any, gaid to Bonower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Secrion 2. <br />In the event of a total talang, destruction, or loss in value of the Property, the MiscelIaneous Proceeds shall <br />be applied to the sums secured by tlus Security Instrument, whether or not then due, with the excess, if any, <br />paid to,Borrower. <br />In the eveat of � pattial taking, destruction, or loss in value of the Propea�y in-which the fair market value of <br />the Progerty i�nediately before the paztial taldng, destniction, or loss in value is equal to or greater than the <br />ainourn of the su�s � by tkis Security Instrument i�nnediately before ttte parti�Y taking, destruction, or <br />Ioss in value, vnFess Borrower and L,ender atherwise agree ia �iring, �e s� seeured by this Security <br />Instrc�m�t st�aIl be reduce� by the a�noiurt of the Miscellaa�us Proceeds meil,tiplie� by the following <br />fraction: (a) tt�e totaI amoun� of t�ce sums secured immediately before t1�e partial taldr�g, d�ruction, or loss <br />in val�ae c��rictec� bY f b) t&e fair ma�ket vatue of the �aperty i�atel�r before the garti�i taking <br />destruction, os Ioss ig vatue. tS�ay tratauce sha1I be paid to Borrower. <br />Ia t�e eve�ut of a g�rtiat taking, destruction, or lass in vatue o£ the Properly in �hich the fair market value of <br />tke ProPerty i�ediate�y before t�e p�rtial takir�g, d�tioa, or Ioss im vatue is Iess th�a, the amovnt of the <br />sums ��ediatet.y before tSie p� takiIIg, dest�uctict�e, os �SS ia value, unless Borrower and <br />LendeF athervvise agree ia writing, ti�e Misceilaneovs Pmceecis s1s�IF be a�lied to the su� secured by this <br />Secnrity �ent whether or not the su�s are then ciue. <br />If the Prc»perty is abaz►c�o� by Eorrov�er, ar if, after �tice by Lender to Borrower that tfie Opposing PartY <br />(as defiaed in the next senteIICe) offers to make an award to settle a claim for damages, Borrower fails to <br />respond ta Lender �vithin 30 days after the date tl�e norice is given, Lender is authorized. to collect and apply <br />the Miscellaneous F��S either to restoration or repair of the Froperty or to the sums secured by this <br />Secutfty I�ment, whetl�er or not tfiexa due. "Opposing Party" m� the tt�ird garty thax owes Borrower <br />1Vfiscellaneous Proceeds or the party against whom Borrower has a right of actioa iu regard to Miscellaneous <br />Pmcceds. <br />Borrower shall l� in default if any acrio� or proceeding, whether civ�1 or criminal, is begun that, in Lender's <br />judgment, coutc� resutt in forfeihue of tfie Froperty or other materiat impairment of Lender's interest in the <br />Property or riglrts under this Security Instrument. Borrower can cure such a default and, if acceIeration has <br />occuned, rei�tate as provided in Secrion 19, by causing the actioa or procceding to be dismissed with a <br />ruting that, ia Lender's judgment, grecludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Properiy or rights under this Security Instcvment. The pracseds of any award or <br />claim for damages that aze amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Prac,eeds that aze not applied to restoration or repair of the Property sha11 be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6INE) (1105) <br />Wolters Kluwer Financia� Services Paga 10 of 17 <br />