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� 201406801 <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 completed. <br /> Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br /> Miscellaneous Proceeds, Lender sha11 not be required to pay Borrower any interest or earnings on such <br /> Miscellaneous Proceeds. If the restoration or repair is not economically feasible ar Lender's security would <br /> be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Inshwnent, <br /> whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br /> applied in the order provided for in Section 2. <br /> In the event of a total taking, destruction, ar loss in value of the Property, the Miscellaneous Proceeds shall <br /> be applied to the suins 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 /> the 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 ixnmediately before the partial taking, destruction, or <br /> loss in value, unless Borrower and Lender otherwise agree in writing, the surns secured by this Security <br /> Inshulnent 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 before the partial taking, destxuction, or loss <br /> in value divided by(b)the fair market value of the Property nnmediately 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, ar loss in value of the Property in which the fair market value of <br /> the ProperLy immediately before the partial talcuig, destruction, or loss in value is less than the amount of the <br /> sums secured in�mediately 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 surns secured by this <br /> Security Instruanent whether or not the suxns are then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Pariy <br /> (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower 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 surns secured by this <br /> Security Instrunient, whether or not then due. "Opposing Party" means the third pariy that owes Borrower <br /> Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br /> Proceeds_ <br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br /> judgxnent, could result in forfeiture of the Property or other material impairment vf Lender's interest in the <br /> Properly or rights under this Security Instilunent. Borrower can cure such a default and, if acceleration has <br /> occurred, reinstate as provided in Section 19, by causing the action or proceeding ta be dismissed with a <br /> ruling that, in Lender's judgxnent, precludes forfeiture of the Property or other material impairment of <br /> Lender's interest in the Property or rights under this Security Inst��unent. The proceeds of any award or <br /> claim for damages that are attributable to the ixnpairment of Lender's interest in the Property 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 sha11 be applied in the <br /> order provided for in Section 2. <br /> 24007293 <br /> NEBR4SKA-Single Farnily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01. <br /> VM P Q VM P6(NE)(1302) <br /> Wolters Kluwer Fnancial Services Page 10 of 17 <br />