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201210951 <br /> satisfactian, provided that such inspection shall Ue undertaken promptly. Lendcr may pay for the repairs <br /> and restorarion in a single disbursement or in a series of progrzss payments as the work is completed. <br /> Uniess an agreement is made in wriring or Appli�able Law reqiures interest to be paid on such <br /> Miacellaneous Pmceeds, Lender shall not be requlred to pay Boxrower any interest pr e2rnings on such <br /> Miscellaneous Proceeds. If the restorarion or repau ie nRt economically feasible or Lender's secnrity would <br /> be lessened, the Miscellaneous Procecds shall be applied to the suxns secured by this Security Lnstnunent, <br /> whether or not then due, with the excess, if any, �aaid to Bc��rrower. Such Miscellaneous Proceeds shall be <br /> applied in the order provided far in Section 2. <br /> In lhe event of a total talcin�, destruction, ar loss in value of the Properry, the Miscellaneous Proceeds sliall. <br /> be applied to the sums secured by this Security Inshwnent, whether or not then dnc, with the�cess, if aay, <br /> paid to Borrower. � <br /> In the event of a partial takina, deshuction, or loss in value of the Property in�vhich the fair market value of <br /> the Property irnmedia[ely before thc partial taking, destruction, or loss in value is equal to or greater than Lhe <br /> axnount of the suws secured by this Security Insiruinent immediatel5�before the par[ial taking, destruction, or <br /> loss in value, unless Borrower and Lender otherwise a�ee in writing, the sutns secured by ihis Secucity <br /> Instnunent sI�all Ue reduced by ihe amount of the Miscellaneoiu Yroceeds multiplied by the following <br /> �raction: (a)the total amount of the suws secused immediately before the partial taldng, destrucrioa, or loss <br /> in value divided by(b)tfie fair market value of tlio Properry immediat�ly before the gaztial tak5ng, <br /> destruction, or loss in vahia Any balance sha11 be paid to Borrower. <br /> In the eveat�of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br /> the Property inunediately before the partial tak:ng, destruction, or loss in value is less than the amount of the <br /> sums secured immediately be£ore ttte partial taking, destruction, or loss in valuz, �iless Borrower and <br /> Lender otherwise agee in writing; the MisceRaneous Proceeds shall be applied to flie surns secured by tlus <br /> Securit7 Instruulent whether or npt th�Sutns aze then due. <br /> If the Property is aUandoned by Borrower, or if, afrer notice by Lender to Borrower tliat the Opposing Paztp <br /> (as defined in the next sentence)offers to makc an award to settle a claim for damages, Borrowcr fails to <br /> xespand to Lender within 30 days after the date the notice is given, Lender is authonsed to coLlect and apply <br /> the Miscellancoas Procceds either to restoration or repair of the Property or to the sLuns secured by this <br /> Security Instnunent, �vhether or not then duc. "Opposing Party" means the third party[hat owes Borrower <br /> Miscellaneous Proceeda or the party against whom Bonower has a right of action in regard to Miscellaneous <br /> Proceeds. <br /> Borr��ver shall be in dzfault if any action or proceeding, whether civil ar crixninal; is begun that, in Lender's <br /> judgmeut, could result ui forfeihue oP the Proycsly ur olher muLerial unpainncnt of Lender's interest in ihe <br /> Property or rigJrts uuder this Secisity Instrunient. Roxrower cast cuYO such a default and, if aceelerarion has <br /> occurred, reinstate as provided in Section 19, by causing the action or proceetling to be disinissed with a <br /> ruling that, ir Lender's judgmeut, precludes forfeiture of the Properiy or other material impairment oP <br /> Lender's intcre.it in the Property or rights under this Security Inshument. The proceeds of any award or <br /> claim fox damages that are attributdble to the impairment of Lender s interest In the Property aze hereby <br /> assigned and sliall be paid to Lender. <br /> All Miscellatieous Procee�s that are not applied to restara�on or repair of the Proyertry shall Ue applied in the <br /> ordea psovided�Por in Section 2. <br /> 240031]P <br /> N EBRaSKA-Single`am ily-Fennie id ae/Fredtlie IA ac UNIFORA9 INSTRU h1 ET1T Form 3028 1/01 <br /> V h1 P@ VDd P6(NEJ(11�5) <br /> Nloltere Kluw er Financlal Services paga i 0 of 1 i <br />