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�01208591 <br />satisfaction, pmvided that such inspecrion shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbursement or in a series of pmgress 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 Ptoceeds, Lender shall not be required to pay Bortower any interest or earnings on such <br />Miscellaneous Proceeds. If the restorarion 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 Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destsucrion, or loss in value of the Propercy, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Insttument, whether or not then due, with the excess, if any, <br />paid to Bortower. <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, destrucrion, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Insirument 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 />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums secuted immediately before the partial taking, destrucrion, or loss <br />in value divided by (b) the fair mazket value of the Property immediately before the partial taking, <br />deshucrion, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, desttucrion, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destrucrion, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, destntction, or loss in value, unless Bonower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by t}us <br />Security Instrum.ent whether or not the sums are then due. <br />If the Properly is abandoned by Bonower, or if, after norice by Lender to Borrower that 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 Lender within 30 days after the date the norice is given Lender is authorized to collect and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Ptoperty or to the sums secured by this <br />Security Inslrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of acrion in regard to 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 forfeitute of the Property or other material impairment of Lender's interest in the <br />Properiy or rights under this Secutity Inshvment. Borrower can cure such a default and, if accelerarion has <br />occurred, reinstate as provided in Secrion 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Properiy or other material impairment of <br />Lender's interest in the Property or rights under this Security Insh�ment. The proceeds of any award or <br />claim for damages that are atttibutable 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 applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 30281l01 <br />VMP � VMPB(NE) (1'105).00 <br />Wolters Kluwer Finencial Servicea Page 10 of 17 <br />