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�012a�64 <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 shatl not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Procceds. 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 Bonower. Such Miscellaneous Proc,eeds shall be <br />appkied in the order provided for in Section 2. <br />In the event of a total taking, destrucrion, or loss in value of the Properiy, the Miscellaneous Proc.eeds 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 />� , <br />, In tke event of a partial taking, destrucrion, or loss in,value of the Property in which the fair market value o€ <br />the Progert3r immediately before the partial taldug, destruction, or loss in value is equal to or greater than the <br />�tnount of the sums secured by this Security Insmiment immediately before the partial taking, destruction, or <br />, loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instn�ment shall be reduced by the amount of the Misc�llaneous Proceeds muItiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partiai taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any balance shall be paid to Bflnower. <br />In the event of a partiai taking, destruction, or loss in value of the Property in which the fair ma.tket value of <br />the Property immediately before t�e partial taking, destiuction, or loss in vatue is less than the amount of the <br />sums secured immediately Uefore the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in vvriting, the Misc�llaneous Prac�ds shall be applied to the sums secured by this <br />Security Instrmne�t whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opgosing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the norice is given, Lender is authorized to coll�t and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether or nat then due. "Opposing Party" means the third party that owes Bonower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to 1Vliscellaneous <br />Pracee�s. <br />Borrower shatl 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 />Propert}+ or rights under this Security Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provide� 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 Instrument. The proceeds of any award or <br />claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall Ue paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Pamily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMP6INE) 41105) <br />Wolters Kluwer Financial Serv4ces Page 10 of 17 <br />