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�0�2o��s� <br />satisfaction, provided that such inspection shall be undertaken prompfly. Lender ma.y 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 vvriting or Applicable Law requires interest to be paid on such <br />Miscellaneous I'roceeds, Lentder shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds, ff the restoration or repair is not economically feasible or Lendez'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 Miscellansous 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 Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Progerty immediately before the partial 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, destnxction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by fhis Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />frac�ion: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial ta.king, <br />destruction, or loss in value. .Any balance shall be paid to Borrower. <br />In the event of a partial taking, destrvction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parly <br />(as defined in the next sentence) offers to make an awazd to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authozized to collect and apply <br />the Miscellaneous Proceeds either to restoradon or repair of the Property or to the sums secured by this <br />Security Tnstrument, whether or not then due. "Opposing Parly" means the third party tha.t owes Bortower <br />Miscellaneous Proceeds or the pariy against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds, <br />Borrower sball be in default if any action or proceeding, whether civil or criminal, is begun tha.t, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Progeriy or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 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 damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Progerty shall be applied in the <br />order provided for in Section 2. <br />IVEBRASKA•Singla Famtly-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />� � VMPB(NE) (17061.00 <br />Wolters Kluwer Firrertclal Servicas Page 70 of 17 <br />