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• � o � J o � �,� 201503646
<br /> salisfaction, provided that such inspectioii shall be undertaken promptly. Lender inay pay for the repairs
<br /> and restoratiou in a single disbursement or in a series of progress payinents as the work is coznpleted.
<br /> Unless a�i agreemenf is made in wrifing or Applicablc Law rec�uixes interest to be paid on such
<br /> Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest oa•earnings on such
<br /> Miscellaneous Proceeds, If tha restoration or repair is not econotnically 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 excess, if any, paid to Borrower. Such Miscellaneous Proceeds sha11 be
<br /> applied in the order provided for in Sectzon 2.
<br /> Tn the event of a total taking, destructio�t, or loss in�alue of the Property, the Miscellaneous Proceeds shall
<br /> be applied Yo the suins secured by this Security Instrument, whether or not then due, with the excess, if any,
<br /> paid to Boz7rower.
<br /> In the event of a paxtial tal�ing, ciestruction, ar lass in value of khe Property in which tl�e fair market value af
<br /> the Property iirnnediately befare the�artial taking, destruction, or loss in value is equal to or greater than tlle
<br /> amount of tl�e suins secured hy this Security Tustrluneni iirnnediately before tlze partial ta�cing, destruction, or
<br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br /> Instrument shall be reduced by the ainount af the Miscellaneous Proceeds inultiplied by the Fallowing
<br /> fraction: {a) the total ainount of the suins secured immediateiy before the paxtial taking, destruction, or lass
<br /> in value divided by(b} the fair znarket�alue of the Property in�mediately before khe parkial talcing,
<br /> destraction, or loss in value. Any balance sha11 be paid to Borrower.
<br /> In the event of a partial taking, desEruction, ar loss in value of the Froperty in which�l�e fair�narket�alue of
<br /> the Property irmnediately before the partial taking, destruction, or Ioss i�a value is less than the tunount of the
<br /> suins s�cur�d iininediately before the partial taking, destructinn, or loss in value, unless Borrower and
<br /> Lender otl�erwise agree in writing, the Miscellaneous Proceeds shalI be applied to the s�uns secured by this
<br /> Security InstrumenC whether or nat the sums are then due.
<br /> If the Property is abandoned by Borrower, or if, afler notice by Lender to Borrower thal the Opposing Paxty
<br /> (as defined in the next sentence) offers to inake an award to settle a claun for dainages, Borrower fails to
<br /> respond to Lender withii130 days aPCer the date the notice is given, Lender is autharized to collect and apply
<br /> the Miscellaneous Proceeds either to restoration or ra�air of the Property or to the sums secured by this
<br /> Security Instruz�neat, whetk�er or not then due. "Opposing Parry" means 4he khird paxty tkaat owes Borrower
<br /> Miscellaneous Proceeds or the party against wl�azn Borrower has a right of action in regard to Miscellaneous
<br /> Proceeds.
<br /> Borrower shall be in default if aiiy action or proceeding, whetlaer civil or criininal, is begun tliat, in Lender's
<br /> j uc�gment, could result in forfeiture of the Property or other inaterial iinpairinent of T.etader's interest in Che
<br /> Property or rights under this Sectuity Instx•uznent. Borrawer can cure such� deFault arid, if accelerafion has
<br /> occurred, reinstate as prat�ided in Section 19, by causing the action or proceeding to be disinissed with a
<br /> ruling that, ia�Lender's judgment, precludes forfeiture of the Properly or other material impairinent of
<br /> Lei7der's interest in the Property ar rights under this Securily Instrutnent. The proceeds of any award or
<br /> claim far damages that are attributable to ti�e impairment of Lender's interest in the Property are hareby
<br /> assigned and sk�all Ue paid to Lender.
<br /> �11 Miscellaneous Praceeds t�at are not applied to restor�tion or repair oF the Property shall be applied in the
<br /> order provided for in Section 2,
<br /> 90D352070749
<br /> NEBR4SKA-Single Family-Fannie M aelFreddie M ac VNIFORM INS7RUM ENT Form 3028 1f01
<br /> VM P� VM P6{NE](1302)
<br /> Wolters Kluwar Financial Services Page TO of 17
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