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201209535 satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement ar in a series of progress payments as the work is completed. Unless an ageement is made in wrifing or Applicable Law requires iuterest to be pzud on such Miscellaneous Proceeds, Lender shall not 6e requircd to pay Borrower any interest or earnmes on such Miscellaneous Proceeds. If the restoxation or repair is not econoinically feasible or Lender's aecuzity would Ue lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be applied in tl�ordex provided for in Section 2. In the cvcni of a total taking destructiqn, or Ioss in value of fhe Propetty, the Miscellaneous Proceeds shall be applied to the sums secured by flus Security Instrument, whether or not then due, with the excess, if.any, paid to Bonower. Ia ihe event of a partial taking, destrncuon, or loss in value of the Propecty in which the fair market value of the Property um:iediately befare the partial taldng destruction, or loss ia value is equal eo or geat�than the amount of the sums secured by this Security Instrumeni immediately before the partial talang, destrucrion, or loss in..value, unless Borrower and Lender othen�rise agree in wriring, the sucns securcd by this Securitv Instaunet�t shall be xeduced by the amount oE the Miscellaneous Proceeds multiplied by the following frackion_� {a)the total amouht of the sums secured immediarely before lhe partial taldng, destruction, or loss in value t3ivided by (b) the fai.r mazket value of the Property uruncdiately before the partial iakina, destruction, or loss ia value. Any balance shall be paid to Rorrower. In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market vaiue oF the Property immediately before Yhe partial taking, desiruction, or loss in value is less than the amount of the sums secured immediately before the partial talang, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the smivs secured by this Security Instrument whether or not the suns are then due_ If the Property is abandoned by Borrower, or if, after notice by T,ender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for dunages, Borrower fails to respond to Leader within 30 days after the date ttie notice Is given, Lender Is autharized to collecC and apply rhe Miscellaneous Proceeds either to restoration or repair of the Properly or to nc�sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Misccllaneous Proceed�or the pariy against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criuvnal, is begun that, in Lender's judgmcnt, could result in forfciturc of the Properry or other material impairxueut of Lender's interest in tlie Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurzc� re3nsiate as provided in Section 19, by eausing the action or proceeding to be dismissed with a � ruling that, in Lender's judgnem, prec;ludes forfeinare of the Property or other material unpairment oP Lender's interest in the Property or rights under this Security Instruincnt. The proceeds of any award or claun for datnages that are attributable to the iinpairment of Lender's interest in the Properry aze hereby assigned and sl�all be paid to Lender. All Miscellaneous Proceeds that aze not applied to restorafion or repair of the Properry shall be applied in the order provided for in Section 2. 24002]32 N�RASKA-Single Fzmity-Fannie h1ae(Fretldie A4ac UNI�ORM INSTRUMSIT Form 3�28 1101 V'd P g V M P6(N�(1105'1 W olters Kluw er Financlal Services Pege?G ot i]