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2v120�3G� <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 L.aw 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 restoFation or regair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds s�all be applied to the sums secured by this Security Insmiment, <br />whether or not then due, with the excess, if any, paid to Bonower. -Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Se,ction 2. <br />In the event of a total taking, destrucrion, or loss in value of the Property, the Miscellaneous Praceeds shall <br />be applied to the sums secured by tlus SecuFit� Instrument, whether or not then due, with the excess, if any, <br />paid to Bortower. <br />In the event of a partial tatdng, destruction, or loss in value of the Property in which the fair market value of �� <br />the Property immediatelx 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 imtnediately before the partial taking, destruction, or <br />loss in value, uuless Bonower anc� I�nder otherwise agree in writing, the sums secured by this Security <br />Instrument shail he reduced by the amount of the Miscellan�us Proceeds multiplied by the following <br />fracrioa: (a} the totat amount af the stuns secured immediately before the partial taking, desmiction, or loss <br />iB value divided by (b} the fair market value of the Progerty immediately before the partial taking, <br />destruction, or loss ia vatue. Any batance shall be paid to Borrower. <br />In the evern of a partial taking, destzucrion, or loss in value of the Froperty in which the fair market value of <br />the Frapercy i�cnnediatel}� before the partial taking, destruction, or Ioss in value is less than the amount of the <br />sums se�rec� immediately before the partial taking, destructia�c, or loss i� vatue, unl�,ss Borrower and <br />Lendes et�,erwise agre,e in vvriting, the Miscellaneous Ptoceec� sh� be applie� to the sums secured by this <br />�ity Instrument whether ar not the sums are then due. <br />If tlie Property is abaxtdoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as ctefinai in the next senteBCe) offers to make an award to settle � cIai,m for damages, Borrower fails to <br />respond ta Lender within 30 c�a.ys after the date the notice is given, Lender is authorized to collect and apply <br />the MiscelIaneous Proceeds either to restoration or repair of the Propertp or to the sums secured by this <br />Security �nstrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Pra�s or the pariy against wfiom Borrower has a right of acrion in regard to Miscellaneous <br />Proceeds. <br />Bonower 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 Lender's interest in the <br />Progerty 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 acrion or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pre,cludes 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 awazd 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 restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP � VMP6(NE) (7105� <br />Wolters Kluwer Financial Services Page 10 of 17 <br />