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ti0120�9 <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 shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. 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 Insmiment, <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, destruction, or loss in value of the Property, the Misce}laneous Proceeds shall <br />be applied to the sums s�ured by this Security Instn�ment, whether or not then due, with the excess, if any, <br />paid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial talting, destruction, or loss in value is equai to or greater than the <br />amount of the sums se,cured by this Se,curity Instrument immediately before the partial taking, destruction, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, �the sums secured by this S�urity <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds mulriplied by the following <br />fracrion: (af the total amount of the sums secured immediately before the partial taking, destruction, or loss <br />in value divided by (b) the fair market value of the Property unmediately before the partial taking, <br />destrucrion, 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 the Property in which the fair market value of <br />the Property innnaediately before the partial taking, destruction, or ioss in value is less than the amount of the <br />sums secured immediately before the partial taking, destruction, or loss in value, unless Bonower 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 are then due. <br />If the Property is abandoned by Borrower, or if, after norice by Lender to Borrower that the Opposing Party <br />(as defined in the next sernence) 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 notice is given, Lender is authorized to collect 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 not then due. "Opposing Party" means the third party that owes Bonower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of acrion in regazd 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 forfeiture of the Property or other material unpaiiment of Lender's interest in the <br />Property or rights under this Securiry Instrument. Bonower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pr�ludes 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 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 />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT � Form 3028 1lOt <br />VMP Q VMPB(NE) (1105) <br />Wolters Kluwer Financiel Services Page 10 of 17 <br />