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20i101020 <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />may pay for the repairs and restoration in a single disbursement or in a series of progress payments as <br />the work is �ompleted. Unless an agreement is made in writing or Appiicable Law requires interest to be <br />paid on such Miscellaneous Proceeds, Lender shail not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. if the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds sfiall be applied to the sums secured <br />by th+s Security Instrument, whether or not then due, w+th the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds shali be applied in the order provided for in Sec�on 2. <br />In the event of a total taking, destreaction, or loss in value of the Property, the Miscellaneous <br />Proceeds shail be applied to the sums secured by this Security Instrurr►ent, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />!n the event of a partial taking, destruction, or loss in value of the Pmperly in which the fair <br />market value of the Property immediately before the pafial taking, destruction, or loss in value is equal to <br />or greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender othenNise agree in writing, the sums <br />secured by this �ecurity Instrument shall be reduced by the amount of the IVliscellanea�s Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediafely before the <br />partiat taking, destniction, or loss in value divided by (b) the fair market value of the Prop+erty immediately <br />before the partial taking, destruction, or loss in value. A�y balance shall be paid to Borrower. <br />!n the event of a partial taking, destruction, or loss in vatue of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is less <br />than the amount of the sums secured immediate)y before the partial taking, destruction, or loss in value, <br />unless Borrower and Lender othervvise agree in writing, the Miscellaneous Proceeds shall be applied to <br />the sums secur� by this Security Instn.+ment w�ether or nat 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 daim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Prooeeds either fo restoratian or repair of the Properly or to the <br />sums secured by this Security fnstrument, whether or not then due. °Opposing Party" means the third <br />party that owes Borrower Misceltaneous Proceeds or the party against whom Borrower has a right of <br />action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or aimina(, is begun fhaf, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />in#erest in the Property or rights under this Security Instrument. Borrower �n cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, predudes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or daim for damages that are attributable to the impairment of Lender's interest in the Property <br />are hereby assigned artd shaN be paid to Lender. <br />All MisceNaneous Proc�eds that are not apptied to restoration or repaK of the Property shall be <br />appfied in the orcter provided for in Section 2. <br />12. Borrower Not Released; forbearance By Lender Not a Waiver. Extension of the time for <br />payment or mod�cation of amortization of the sums secured by this Security Instrument granted by <br />Lender to Borrower or any Sucxessor in Interest of Borrower shaH not operate to release the liability of <br />Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence <br />proceedings against any 5uccessor in Interest of Borrower or to refuse to extend time for payment or <br />atherwise modify amortization of the sums secured by this Security Instrument by reason of any demand <br />rnade by the original B�rrower or any Successors in Interest af Borrower. Any forbearance by Lender in <br />exercising any right or remedy including, without limita6on, Lender's acceptance of payments from third <br />� <br />� <br />( <br />* 3 O O � 1 4 4 2 8 5� * M C M D O T* <br />NEBRASKA--Single Famity-Fannie MaelFreddis Mac UNIFORM INSTRUMENT Form 3628 1I01 (page 8 of 14 pages) <br />MoRgape Cadencs, LLC � 3027 02/� <br />