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201406331 <br /> sarisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br /> and restaration in a single disbursement or in a series of progress gayments 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 Proce�ds, Lender shall not be required to pay Borrower any interest or earnings on such <br /> Miscellaneous Proce�ds. 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 Instrument, <br /> whether or not then due, with the eJccess, if any, paid to Borrower. S�ch Miscellaneous Proceeds shall be <br /> applied in the order provided for in Section 2. <br /> In the event of a total taking, de.4truction, or loss in value of the Property, the 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, d�struction, or loss in value of the Property in which the fair market value of <br /> the Property immediately before the partial taking, destruction, or loss in value is equal to ar greater than the <br /> amount of the sums secured by ttus Security Instrument immediately before the partial taking, destruction, or <br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums sacured by this Sacurity <br /> Instrument shall be reduced by the a�unt of the Miscellaneous Procceds multiplied by the following <br /> fraction: (a)the total azr►ount of the sums s�ured immadiately before the partial taldng, destruction, or loss <br /> in value divided by(b)the fair market value of the Property immediately 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 paztial taking, destruction, or loss in value is less than the amount of the <br /> sums secured immediately before the partial taking, deshuction, or loss in value, unless Borrower and <br /> Lender otherwise agree in writing, the Miscellaneous Procceds shall be applied to the sums s�ured by this <br /> Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br /> (as defined in the next sentence)offers to make an award to settle a claim for damages, Bonower 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 s�ured by this <br /> Security Instrument, whether or not then due. "Opposing Pariy" means the third pariy that owes Borrower <br /> Miscellaneous Proce�ds or the party against whom Borrower has a right of action in regard to Miscellaneous <br /> Proceeds. <br /> Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br /> judgment, could r�ult in forfeiture of the Property or other material impairment of Lender's interest in the <br /> Properiy or rights under this Security Instrument. Borrower 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,precludes forfeiture of the Properiy or other material impairment of <br /> Lender's interest in the Property or rights under this Security Inslrument. The proceeds of any award ar <br /> claim for damages that are attributable to the irnpairment of Lender's interest in the Praperty 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 /> 2300342828 D VBNE <br /> NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fam 3028 1/01 <br /> VMP(� VMPB(NE)(1302) <br /> Wohero Kluwer Finanad Services Page 10 of 17 <br />