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� <br />satisfaclioq provided fliat such inspection shall be underlaken promplly. Lender may pay for the repai�s <br />and restoration in a single disbursemenl or in a series of progress payments as the rvork is completed. <br />Unless an agreement is made in wriling or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be renuired to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoradon or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to tlie sums secured by this Security Instrument, <br />wheeher or not then due, with the excess, if any, paid to Borrower. Sucli Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, desiruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Instn�ment, �vhether or not then due, with ilie e�cess, iF any, <br />paid to Borrower. <br />In the event of a partial talcing, destruction, or loss in value of the Property in tivhich ihe fair market value of <br />the Properly immediateIy before the partial taking, destruction, or loss in value is equal to or greater lhan the <br />amount of the sums secured by this Security Inst�ument immediately befare the partial talcing, destruction, or <br />loss in value, wnless Borrower 1nd Lender otherwise agree in writing, tl�e sums secured by this Security <br />Instniment shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the follo�ving <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destniction, or loss <br />in value divided by (b) the fair market value of the Froperty immediately before the partial taking, <br />destruction, or loss in vaiue. Any balance shall be paid to Borrower. <br />In the event of a partial talcing, destruction, or loss in value of the Properly in wlvich the fair rnarket 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, desttuction, or loss in value, unIess Borro�ver and <br />Lender otherwise agree in writing, the Miscellaneous Praceeds shall be applied to the sums secured by this <br />Security Instn�ment 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 Opposing Party <br />(as defined in the ne� sentence) offers to make an award to settle a claim for damages, Borro�ver 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 Pruceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether oz not then due. "Opposing Pariy" means the flurd party tt�at o�ves Borrower <br />Miscellaneous Proceeds or the parly against rvhom Borrower has a right of action in regard to Miscellftneous <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 forFeiture af flie Property or othez material impaiYment of I,ender's interest in the <br />Pmperiy or nights under tlus Securitty Instnament. Borrower ean cure such a default and, if acceleration lias <br />occurred, reinstate as provided in Sectian 19, by causing the action or proceeding to be dismissed �vith a <br />ruling that, in Lender's judgment, precludes fozfeiture of the Property or other material impairment of <br />Lender's interest in the Properly or riglits under this Securily Instnunent. The proceeds of any award or <br />claim for damages tliat are attnbutable to flie impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Pzoceeds tliat are not applied to restoration or repair of tlie Properiy shall be applied in the <br />order pmvided for in Section 2. <br />NEBRASKASi�Ia FamllyFannfe Mas/Fraddie Mec UNIFORM INSTRUMENT Form 30281/07 <br />VMP � VMPB(NE� {110� UO <br />Wolters Kluwer Financial Servkree • Pege 10 of 17 <br />