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�0�2�904� <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 complet�. <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 s�ch <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />t� lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the exc.ess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order providefl for in Section 2. <br />In the event of a wtal taking, destruction, or loss in value of the Properry, the Miscellaneous Proceeds shall <br />be applie� to the sums secured by this Seciuity Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Properry in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is e�ual to or greater than the <br />amount of the sums secured by this Security Insm�ment immediately before the partial taking, destrucdon, or <br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Seaurity <br />Instr�ment shall be refluced by the amount of the Miscellaneous Proc�eds multiplied by the following <br />fiaction: (a) 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 Properry imm�iately 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 the Property in which the fair market value of <br />the Property immediately before the partial taking, destivction, or loss in value is less than 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 are then due. <br />If the Properry is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry <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, Lender is authorizal to collect and apply <br />the Miscellaneous Proceeds either w restoration or repair of the Properry or to the sums se,�urefl by this <br />Security Instrument, 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 action in regard to Miscellan�us <br />Proce�s. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />jud�ent, could result in forfeiture of the Properry or other material impairment of Lender's interest in the <br />Property or rights under this Security Inst�wment. Borrower can cure such a default and, if acr.sleration has <br />occurred, reinstate as provid� in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, pre�cludes forfeiture of the Pro�rty or other material impairment of <br />Lender's interest in the Properry or rights under this Security Instrument. The proceais 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 to Lender. <br />All Miscellaneous Proceefls that are not applied to restoration or repair of the Pro�rry shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Singte Fempy-Fannie Maelheddia Mac UNIFORM INSTRUMENT Form 3026 1/01 <br />VMP � VMPB(NE) (11061.00 <br />Wohers Kluwar Flnendal Sarvicee Paga 10 oi 17 <br />