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�01�065�2 <br />satisfacrion, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restorarion 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 />Miscellan�us Proceeds, Lender sha11 not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secu.red by this S�urity Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />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, <br />paid to Borrower. <br />In the event of a partial taking, destruction, or Ioss 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 <br />amount of the sums secured by this 5ecurity Instrument immediately before the partial taking, destrucrion, or <br />loss in vatue, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall he reduced by the amount of the Miscellaneous Froceeds multiplied by the foliowing <br />fraction: (a) the total a3nount of the sums se,cured immediateiy before the partial taking, desmiction, or loss <br />in vatue divYded by (b) the fa.ir market value of the Progerty immediately before the partial taking, <br />destruction, or 2oss in value. Any balance shall be paid to Bortower. <br />In the event of a partial taking, destruction, or toss in value of the Property in which the fair market value of <br />the ProperEy immediately lxfore the partial taking, destrucrion, or loss in value is less than the amount of the <br />sums seeured immediately before the partial taldng, destntction, or Ioss in value, unless Borrower and <br />Len�er otherwise agree in writing, the Miscelian�us Proceeds s�ia1� be applied to the sums secured by this <br />S�utity in.cm,r�,�nt whether or not the sums are then dve. <br />If the Property is abandoned by Bonawer, or if, a:fter notice by Lender to Bonower that the Opgosing Party <br />(as defined in the next sentence) offers to make an award to settle a clann for damages, Borrower fails to <br />respond to Lencier within 30 days after the date the norice is giveu, Lender is authorized to collect and apply <br />the Miscellaneaus Proceeds either to restoration or repair of the Froperty or to the sums secured by this <br />Security Instrument, whetl�er or not then due. "Opposing Party" m�ns the third party that owes Borrower <br />1Vliscellaneous Proceeds or the part� agauzst whom Borrower has a right of action in regard to 1VYiscellaneous <br />Proc,eeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />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 accelerarion has <br />occurred, reinstate as provided in Section 19, by causing the acrion or proceeding to be dismissed with a <br />ruling that, in Lender's judgnent, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under tkis Security Instrument. The proceeds of any awazd or <br />claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby <br />assigned and sha11 be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />/ � <br />NEBRASKA-Single Family-Fannie Mae/Freddfe Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1/01 <br />VMP6WE) 11105) <br />Page 10 of 17 <br />� <br />� <br />� <br />