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2oi�v��o� <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 P�oceeds, Lender shall not be required to pay Bonower any interest or earnings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shatl be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bortower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taldng, destrucrion, or loss in value of the Property, the Miscellaneous Proceeds sha11 <br />be applied to the sums s�ured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Bonower. <br />. <br />In the event of a partial taldng, destruction, or loss in value of the Property in which t11e 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 ttiis Security Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Bonower and Lender otherwise agree in writing, the sums se.cured by this Security <br />Instrument shaIl be reduc�d by the amount of the Miscellaneous Proceeds mulriplied by the following <br />fraction: (a) the totat a�nount of the sums secured iminediately before the partial taking, destntction, or loss <br />in value divided by (b) the fair market value oP the Properiy immediately before the partial taking, <br />destructivn, or toss in value. Any batance shall be paid to Borrower. <br />In the event of a pastiat taTang, destcuction, or Ioss us value of the Property in, which the fair market vatue of <br />the �rty immediately before the partial taking, dest�ction, or Ioss in vatue is Iess tfian the amount of the <br />sams �c�u�i immediately before the partial taking, destaaction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shatl be applied to the sums secured by this <br />Security Instn�rne�L whether or not the sums are then due. <br />If the Froperty is abandoned by Borrower, or if, after norice by L,ender to Borrower that the Opposing Pazty <br />(as defined in the nent sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 3d ciays after the date the norice is given, Lender is authorized to coll�t and apply <br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums se,cured by this <br />Security Inst�ment, whether or nat then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Froceeds or the party against whom Bonower has a right of action in regard to Miscellan�us <br />Proceeds. <br />Borrower shall be in default if azry acrion or procseding, whether civil or criminal, is begun that, in Lender's <br />judgment, coulc� result in forfeiture of the Property or other material nnpairment of Lender's interest in the <br />Property or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reuvstate as grovided 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 />Lencter's interest in the Properiy or rights under this Security Instnunent. The proceeds of any award or <br />claim for damages that aze 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 apptied to restoration or repair of the Property shall 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 Q VMP61NE) 11105) <br />Wolters Kluwer Finenclal Services Page 10 of 77 <br />