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201209435 <br /> satisfaction, provided thaz such inspe�tion shall be undertaken promptly. Lender may pay for the repairs <br /> and restoration in a single dis6ursement or in a series of progress payments as the work is completed. <br /> Unless an agreement is made in writing or Applicable Law requires in[eres[to be paid on such <br /> Miscellaneous Procesds, Lender shall not be required to pay Borrower any interest or eainings on such <br /> Miscellaneous Proceeds. If the restoration or repair is not etonomically feasible or Lender's securiry would <br /> be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by [his Security Instrument, <br /> whether or not then due, with the excess, if any, paid[o Borrower. Such Miscellaneous Proceeds shall be <br /> applied in the order provided for in Section 2. <br /> In the event of a rotal taking, destruction, or loss in value of[he Property, [he Miscellaneous Proceeds shall <br /> be applied to the sums secured by this Security 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 Property in which the fair market value of <br /> [he Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the <br /> amount of the sums secured by this Security Instrument immediately before the partial[aking, destruction, or <br /> loss in value, unless Borrower and Lender o[henvise agree in wri[ing, 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 secured immediately 6efore the partial taking, destruction, or loss <br /> in value divided by (b)the fair muket value of[he Property immediazely before the partial taking, <br /> destruction, or loss in value. Any balance shall be paid to Borrower. <br /> In the event of a partial [aking, destruction, or loss in value of the Property in which the fair mazket value of <br /> the Property immediatety before the panial taking, destruaion, or loss in value is less than the amount of the <br /> sums secured immediately before the partial[aking, destruction, or loss in value, unless Borrower and <br /> Lender othenvise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br /> Security lnstrument whether or not the sums aze then due. <br /> If the Property is abandone�by Borrower, or if, after notice by Lender ro Borrower tttat the Opposing Party <br /> (as defined in[he next sentence) offers[o make an award to settle a claim for damages, Borrower fails to <br /> respond to Lender within 30 days afrer the date[he notice is given, Lender is authorized ro collec[ and apply <br /> the Miscellaneous Proceeds ei[her to restoration or repair of the Property or to the sums secured by this <br /> Security Instniment, whether or not then due. "Opposing Party" means the third party that owes Borrower <br /> IVliscellaneous Procceds or the party against whom Borrower has a right of ac[ion in regazd to Miscellaneous <br /> Procceds. <br /> Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun tt�a[, in Lender's <br /> judgment, could result in forFei[ure of the Property or other material impairmen[of Lender's interest in[he <br /> Property or rights under this Security Instnunent. Borrower can cure such a default and, if acceleration has <br /> ocwrred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br /> ruling that, in Lender's judgmen[, pruludes forfeiture of the Property or other material impairment of <br /> Lender's interest in the Property or righ[s under this Security Instnunent. The proceeds 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 Miscellaneaus Proceeds that are not applied to restoration or repair of the Property shall be applied in[he <br /> order provided for in Section 2. <br /> NEBRASKA�Single Family�Fannia MeelFretltlle Mac 11NIFOFM INSTFUMENT Farm 3028 1/01 <br /> VMP�'9 VMP61NE1111051.D0 <br /> W ol[B!b KluwBf Financial 5ervices Pdg2 10 01 1] <br />