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20Y2U7�G� <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 Bonower any interest or eamings 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, destrucrion, 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 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 Property 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 t�fore 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 Miscellan�us Proceeds muttiplied by the following <br />fraction: (a) the totat amount of tlse sums secured immediately before the partiat taking, destruction, or loss <br />in value divided by (b) the fair market value of the Pro�rty immediately before the partial taking, <br />destruction, or Ioss in vatue. Any balance shall � paid to Borrower. <br />In the event of a partiat taking, de.str�ction, or Ioss in value of the Property in which the fair market vaSue of <br />tfie Praperty irnm�iately �for� the gartiab taki�cg, destruction, or loss in value is Iess than the amount of the <br />sums secured immedia�ely before the partiat talang, destcvcrion, or loss ia vatue, uniess �ormwer and <br />Lenc�er otherwise agr� in v�+riting, the Misce�a�us Proceeds shall l� applied to the sums se,cured by ttris <br />Security Instrument wfiether or net tFce s�rsns are then due. <br />If the Propeat�+ is aba�onect by Barrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as de� in the IIext sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to L.ender within 30 days �fter the date the notice is given, Lender is authorized to collect and appty <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security In.ct�ment, whether or no� then due. "Upposing Party" means the third party that owes Borrower <br />1V�iscellaneous �'r�s or tt�e parEy against whom Borrower has a r�ght of action in regazd to Miscelianeous <br />Pr�s. <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 forfeihue of the Property or other material impairntent of Lender's interest in the <br />Property or rights under this S�urity Instrument. Borrower can cure such a default and, if accelerarion has <br />occuned, 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 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 are not applied to restorarion or repair of the Properly shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Family-Fannfe Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6�NE1 (1705) <br />Wokers Kluwer Financial Services Page 10 of 17 <br />