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20�2o��ss
<br />satisfaction, provided that such inspection sha11 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 sha11 be applied to the sucns secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds sha11 be
<br />applied in the order provided for in Section 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, destivcrion, or loss in value of the Property in which the fair market value of
<br />the Properiy immediately before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the sums s�ured by this Security Instrument immediately before the partial taking, destrucrion, or
<br />Ioss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />�,stnunent shail be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount of the sums secured immediately before the partial taldn.g, destruction, or loss
<br />in value divided by (b) the fair mar&et value of the Property immediately before the partiat taking,
<br />destruction, or toss in value. An}r balance shatl be paid to Borrower.
<br />In the event of a partial taking, de.struction, or loss in value of the Property in wluch the fair �rket value of
<br />the Property imazediately �€or� the gartiat talQng, destruction, or loss in value is less than the amount of the
<br />sums s�ured immecliately b�fore tfie partiat taldBg, destruction, or loss in value, unless Borrower and
<br />I.ender othe2vvise agree in vvritiIIg, the MisceITan�us Pr�s shalI be applied to the sums secured by this
<br />Security Instrument whether oa aot the su�ns are then da�e.
<br />1f the Ptoperty is ab�oned by Horrower, or if, after notice by �.ender to Borrower that the Opposing Pazty
<br />Fas defin� in the next sentence) offers to make an av�+azd to settle a claim for damages, Borrower fails to
<br />respond to I.ender witfiin 30 days after tfie date the notice is given, Lender is authorized to collect and apply
<br />the Miscellan�us Proceeds either to restorarion or repair of the Property or to the sums secured by this
<br />Security Instnunent, whether os not tt�en due. "Opposing Fazty" means the third party that owes Borrov�+er
<br />1VFiscellan�us Proceeds oa the pariy aga,ir�t whom Borrawer has a right of action 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 in forfeiture of the Property or other material impairment of Lencter's interest in the
<br />Property or rights under this Se,curity 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 />L�nder's interest in the Property or rights under this Security Insmiment. The proceeds of any awazd 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 Miscellan�us Proc.eeds that aze not applied to restoration or repair of the Property shall be applied in the
<br />order provided for in Section 2.
<br />IUEBRASKA-Singla Family-Fannie Mae/Freddie Mec UNIFORM INSTRUMENT Form 3028 1/01
<br />VMP � VMP6(NE) (1105)
<br />Woltera Kluwer Financial Services Page 10 of 17
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