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201208396
<br /> satisfacuon, provided that such inspection shall be undertaken promptly. Lender mzy pay for the repairs
<br /> and restoration in a single disbursemear or in a series of progress payments as the work is completed.
<br /> Unless an agreement is made in writing or Applica6le Law requires interest to be paid on such
<br /> Miscellaneous Proceeds, Lender shall no[be required[o pay Borrower any interest or eamings on such
<br /> Miscellaneaus Proceeds. If the restoration or repair is no[economically feasible or Lender's securiry would
<br /> be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Insuumern,
<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 Section 2.
<br /> In the event of a total taking, destruclion, or loss in value of the Property, the Miscellaneous Proceeds shall
<br /> be applied to the sums secured by this Securiry Instrumem, whether or not then due, wi2h the excess, if any,
<br /> paid to Borrower.
<br /> In the eve�t of a partial taking, destruction, or loss in value of the Proper[y in which the fair market value of
<br /> the Propeny immediately before the partial taldng, destruction, or loss in value is equal to or greater than the
<br /> amoum of the sums secured by this Security Instnunent immediately before the panial taldng, destruction, or
<br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br /> Instrumern shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br /> fraction: (a)the total amount of the sums secured immedia[ely before the par[ial taking, destruction, or loss
<br /> in value divided by (b)[he fair market value of the Property immediately before the partial [aking,
<br /> desuucaon, or loss in value. Any balance shall be paid to Bonower.
<br /> In the event of a partial taking, destruction, or loss in value of[he Pruperty in which the fair market value of
<br /> the Property immediately before the partial [aking, destruction, or loss in value is less than the amount of the
<br /> sums secured immediately before the paRial [aking, destruction, or loss in value, unless Bottower and
<br /> Lender otherwise agree in writing, the Miscellan�us Proceeds shall be applied to the sums secured by this
<br /> Security Instrumem whether or not the sums aze then due.
<br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br /> (as defined in the next sentence) offers to make an awazd to set[le a claim for damages, Bonower fails to
<br /> respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br /> the Miscellaneous Proceeds either to restoration or repair of the Property or to[he sums secured by this
<br /> Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br /> Miscellaneous Proceeds or[he party against whom Borrower has a right of action in regard ro Miscellaneous
<br /> Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br /> judgment, could result in forFeimre of the Property or o[her material impairment of L.ender's interest in the
<br /> Properry or rights under this Security Instrumem. Borrower can cure such a default and, if acceleration has
<br /> occurred, reinstate as provided in Section 19, by causing the ac[ion or proceeding to be dismissed with a
<br /> ruling thar, in Lender's judgment, precludes forfeimre of the Property or other material impairment of
<br /> Lender's interest in the Property or rights under tlus Security Instrument. The proceeds of any awatd or
<br /> claim for daznages that aze attributable to the impairment of Lender's irnerest in the Property aze hereby
<br /> assigned and shall be paid 2o Lender.
<br /> All Miscellaneous Proceeds that aze not applied to reswration or repair of the Property shall be applied in the
<br /> order provided for in Section 2.
<br /> NEBFASKA-Singie Family-Fannie Mae�F�etltlie Mec UNIFORM INSTHUMEM Form 3028 ti01
<br /> VMP� VMP6(NEI(t105�.00
<br /> Wolrers Kiuwer Financial Senices Page 10 of 1)
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