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<br />satisfaction, provided that such inspection shall 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 Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restorarion or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnunent,
<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 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 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 sfialI be reduced by the amount of the Miscellaneous Proceeds mulriplied by tlze following
<br />fraction: (a) the total amount of the sums secured immediately before the partial taldng, destrucrion, or loss
<br />in value divided by (b) the fair market vatue of the Property immediately before the partial taking,
<br />destructian, or loss in vatue. Any baiance shall be paid to Borrower.
<br />In tt�e event of � gartial takiug, �vction, or loss in value of the Property ia wlvch the fair market value of
<br />the ProperEy in�ne.�iatelX be€ore tl�e gartiai taking, destruction, or I� i� vaiyae is Iess thau the amount of the
<br />su�ns se.c�r�€ �iaceLy befare tfie g�r¢ial taking, destr�ctisn, or �c�s ixc vat�, uaiess �orrov�er and
<br />�,�er a�a�rise � i� ra+ri�g, � 11�ti�i�aueous Proceec�s sha� be a�sg2ied to tiae su�s secure� by Yhis
<br />Se�u.rity ��*!t**R� vc���er os �� t&e � are then due.
<br />If the �rvperiy is a�rraacdoned iay �rrerwer, or if, after notice by �a�er ter Borrower that the E}pposing Party
<br />(as c�eefine� in the ue�t sente�) offers � r�ke an avvard to settle a claim for damages, Borrc>wer faits to
<br />respogd to E��er v�+it3u�n 3f� c�ys a1� the date the notice is give�, L.ender is authorized to collect and �PIY
<br />the 1V�iscella�ous 1'rc�ceeds ei�r to restoration or repair of the Ptaperty or to the sums secured by tlus
<br />Security T�E, v�r�ether or �t t� ciue. "OPl�sing Party" means the third party ti�a� owes Borrower
<br />Misceitarieo� I�i� or the Pa� �t vvhom Borro�er bas a rigtrt of action in regarct to Misce�lan�us
<br />Prc�ce�s.
<br />Borrower shaU be in d�fault if any action or proceeding, whether ci�t or criminai, is Uegun that, in Lender's
<br />judgment, could result in forfeiture of the Property or other materiat impairment of Lender's interest in the
<br />Property or rights under this Security Instrument. Bonower can cure such a default and, if accelerarion 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, precludes forfeiture of the Property or ather material impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or
<br />claim for damages that aze amibutable to the impairment of Lender's interest in the Properiy are hereby
<br />assigned and shall be paid to Lender.
<br />All Miscellaneous 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 1/01
<br />VMP p VMP6�NE) �1105)
<br />Wolters Kluwer Financial Services Page 10 of 17
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