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<br />200709769 <br /> <br />If the Property is darnaged, such Miscellaneous Proceeds shall he applied to restoration or <br />r(;pair of the Property, if the restoration or repair is economically feasible and Lender's security is <br />not lessened. During such repair and restoration period, Lender shall have the right to hold such <br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the <br />work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. r ,ender may pay for the repairs and restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay <br />Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or notthen due, with the excess, if <br />any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, 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 <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />equal to or greater than the amount of the sums secured by this Security Instrument immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value. Any <br />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 <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />less than the amount ofthe sums secured immediately before the partial taking, destruction, or loss <br />in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall <br />be applied to the sums secured 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 <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for <br />damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, <br />Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair <br />of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun <br />that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a <br />default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or <br />proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the <br />Property or other material impairment of Lender's interest in the Property or rights under this <br />Security Instrument. The proceeds of any award or claim for damages that are attributable to the <br />impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br /> <br />NEBRASKA--Single Family--Fannie MaeIFreddie Mac UNIFORM INSTRUMENT <br /> <br />F'~3W-1 (page lOe;x-g,,) <br /> <br /> <br />Initial He <br />