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200908117
<br />repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
<br />an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided
<br />that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
<br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing
<br />or Applicable 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 economically
<br />feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
<br />this Security 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 shall
<br />be applied to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to
<br />Borrower.
<br />in the event of a partial taking, destruction, or lass 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 amount
<br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
<br />reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
<br />the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
<br />value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
<br />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 less than the amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
<br />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, Borrower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or
<br />not then due. "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 that, in
<br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
<br />Property 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 ruling that,
<br />in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
<br />attributable to the impairment of bender's interest in the Property are hereby 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
<br />the order provided for in Section 2.
<br />12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
<br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or
<br />any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in
<br />Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of
<br />Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
<br />Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
<br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
<br />Nebraska Deed ofTrust-Single Family-Fannie Mae/Freddie Mac Uniform Instrument ~ Form 3028 1JD1
<br />VA MERS Modified
<br />The Compliance Source, Inc. Page 9 of 14 Modified by ompliance Source 64301NE 08/00 Rev. 04/08
<br />www.compliancesource.com Q2000, The Compliance Source, lue.
<br />II VIII VIII VIII VIII VIII VIII VIII VIII III
<br />b 0 2 4 7 3 1 9 b
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