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20�106��4
<br />satisfaction, provided that such inspection sha11 be undertaken promptly. Lender may pay for the repairs
<br />and restoration 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 Praceeds, Lender shall not be required to pay Borrower 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 sha11 be applied to the sums secured by this Security 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 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 secured 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 Prar,eeds multiplied by the following
<br />fraction: (a) the total amount af the sums secured immediately befQre the partiai taking, destruction, or loss
<br />in value divided by (b) the fair market value of the Property immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall lx paid 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 Frogeriy imme�i,atel.y before �he gartiat �aking, destruction, or loss in valne is less than the amount of the
<br />sums s�cured immediaEeiy hefore th� partia�I taking, destraction, or lass in value, uuless Bonower and
<br />Lender otherwise agree ia vuritxng, t�e 11�isc�:IIatieaus Froceeds shall be agplied to the suins se,cured by this
<br />Securiry Tnst�ent whet�ie� �r not �se s� are then due.
<br />If the Fro�rty is �oaed by Borro�, or if, after aotice by I,e�der to Bonower that the Opposing Party
<br />(as defined in the next sentence) offers ta make an award to settle a claim for damages, Borrower fails to
<br />respond to I.ender withtn 30 da.ys after the date the notice is given, Lender is authorized to collect and agply
<br />the Miscellan�us Proceeds either to restoration or repair of the Property or to the surns secured by this
<br />Security Instnu�e�t, whether or not the�s due. "OFP��g p�Y" means the third party that owes Borrower
<br />Miscellaneous Froa�eds or the pariy agaiffit whom Borrawer has a right of action in regard to Miscelianeous
<br />Pror,eeds.
<br />Borrower shall be in defautt 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. Bonower 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
<br />ruling that, in Lender's judgment, pr�ludes forfeiture of the Property or other material impairment of
<br />Lender's interest in the Property or rights under this Security Insmiment. The proceeds of any awazd or
<br />claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Properly sha11 be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />VMP � VMP6(NE) (7105)
<br />Wolters Kluwer Financial Services Page 10 of 17
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