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201208395 <br /> satisfaction, pro�ided that such inspection shall be undenaken prompUy. Lender may pay for the repairs <br /> and restorazion 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 o�such <br /> Miscellaneous Procceds, Lender shall not be required to pay Bonower any interes[or earnings on such <br /> Miscellaneous Procceds. If the restoration or repair is not economically Feasible or Lender's securiry would <br /> be lessenetl, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrumen[, <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 Secdon 2. <br /> In the event of a to[al taking, des[ruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br /> be applied to the sums secured by this Security Instnvnent, whether or not then due, with ffie excess, if any, <br /> paid[o Borrower. <br /> In the event of a partial taking, destruction, or loss in value of the Property in which the fair mazket 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 before the partial taking, destruction, or <br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured hy this Securiry <br /> Ins[rument shall be reduced by the amourn of the Miscellaneous Proceeds multiplied by the following <br /> fraction: (a)the total amount of the sums secured immediately before the partial taking, destruction, or loss <br /> in value divided 6y (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 Borrower. <br /> In the event of a partial taking, destruction, or loss in value of[he Property in which the fair market value of <br /> the Property immediately before the partial taking, destmction, or loss in value is less Ihan the amount of the <br /> sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and <br /> Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br /> Security Instrument whether or not the sums aze then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower tha[the Opposing 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 L.ender within 30 days after the date the notice is given, I.ender is authorized to collect and apply <br /> the Miscellaneous Proceeds either to restoration or repair of the Propet[y or to the sums secured by this <br /> Security Instrument, whether or not then due. "Opposing Party" means the third par[y that owes Borrower <br /> Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd 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 Propeny or other material impa'vment of Lender's interest in the <br /> Property or rights under this Security]nstrumen[. Bormwer can cure such a default and, if acceleration has <br /> occurred, reinsGate as provided 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 /> Lender's interest in the Properry 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 ro Lender. <br /> All Miscellaneous Proceetls that ue no[ applied to restoration or repair of the Proper[y shall be applied in the <br /> order provided for in Section 2. <br /> NEBRASKA-Single Famlly-Fannie MeeiF�etltlie Mac UNIFOHM INSTPUMENT Frnm 3028 1 rUt <br /> VMP B VMPBINE1111051.00 <br /> Wolters KWwer Financial Serv�ces Page 10 ot 1] <br />