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2o�1os�9� <br />satisfaction, 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 />Miscellaneous Proceeds, Lender shall 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 se,curity would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by tlus Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds sha11 be <br />applied in the order provided for in Section 2. <br />In the event of a total taldng, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Instruinent, whether or not then due, with the excess, if any, <br />paid to Bonower. <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 equal to or greater than the <br />amount of the sums se,cured by this Security Instrument immediately before the partial taking, 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 amount of the Miscellaneous Proc.eeds multiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partiat taking, destrucrion, or loss <br />in value divided by (b) the fair mazket value of the Property immediately before the partial taking, <br />destruction, or Ioss in value. Any balauce shall be paid to Borrower. <br />In the eveitt of a partial taldng, destruction, or loss in value of the Properly in wluch the fair market value of <br />the Property iinme�iately before tite partial taking, destrucrion, or Ioss iu vatue is Iess than the amount of the <br />sums se,cuted immedia�e�y befor� �tte partiat taking, desttuctian, or Ioss in value, unless Borrower and <br />Lencter oitterwr��se agree iu v�rritiieg, t.�e Misce�Yaneovs Froceec�s shal� be apglied to the sums se,cured by this <br />�2CUtll]t �f�L W�P�S QP IIOp L�IE SLTffiS ��lEII CZUC. <br />If tfie Property is abaa�o� by �orrawer, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined in the neaEt seIIte�ce} offers to m�ke an awazd to �ttle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Leader is authorized to colle,ct and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Progerty or to the sums s�ured by this <br />Security Instrnment, whether or not thea due. "Op�sing Party" means the third pariy that owes Borrower <br />Miscellan�us Proceeds os the party agaiust whom Borrower has a right of acrioB in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be ia ctefault if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, couid result in forfeiriue of the Property or other material impa.irment of Lender's interest in the <br />Property or rights under this Security Insmiment. Borrower can cure such a default and, if acceleration has <br />accurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The procceds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellan�us Proceeds that are not applied to restorarion or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br />VMP � VM Page 1�0 of 17 <br />Wolters Kluwer Financial Services <br />