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1 <br />11 <br />201 407961 <br />to receive a refund of any Mortgage Insurance premiums that were unearned at the time of <br />such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <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 shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, <br />if any, 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 <br />of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured <br />by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by <br />the following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value divided by (b) the fair market value of the Property immediately before the <br />partial taking, 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 <br />of the Property immediately before the partial taking, destruction, or loss in value is less than the amount <br />of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower <br />and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured <br />by this 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 <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower <br />fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect <br />and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured <br />by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes <br />Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to <br />Miscellaneous Proceeds. <br />HCFG -00359 <br />NEBRASKA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />VMP® 07/14 <br />Wolters Kluwer Financial Services 201412154.1.0.2815- J20140729Y Page 10 of 17 <br />1 <br />1 <br />