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�os�o�44� <br />�51209461 <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and <br />restorarion in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lender shall not be required to pay Bonower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Boaower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this <br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the <br />following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />desttuction, or loss in value divided by (b) the fair market value of the Property immediately before the <br />partial taking, desttuction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by <br />Bonower, or if, after norice by Lender to Borrower that the Opposing Party (as defined in the next sentence) <br />offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days <br />after the date the notice is given, Lender is authorized to collect aud apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secuted by this Security Instrument, whether or not then <br />due. "Opposing Pazty" means the third party that owes Bortower Miscellaneous Proceeds or the party against <br />whom Bonower has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material nnpairment of Lender's interest <br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration <br />has 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, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instnunent. The proceeds of any award or claim <br />for damages that are amibutable to the impairment of Lender's interest in the Property aze hereby assigned <br />and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modificarion of amortizarion of the sums secured by this Security Instrument �aanted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bortower or <br />any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Inshva►ent by reason of any demand made by the original Bonower or <br />any Successors in Interest of Bonower. Any forbearance by Lender in exercising any right or remedy <br />including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />NEBRASKA-Single Family—Fannie Mae/Freddie Mec iTNIFORM INSTRUMENT <br />� 338.8 Page 9 of 14 Fotm 30Z81/Ol <br />