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201��7509 <br />satisfacrion, 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 Proceeds, 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 shall be applied to the sums se,cured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds sha11 be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destrucrion, 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, destrucrion, or loss in value is equal to or greater than the <br />amount of the sums s�ured 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 se,cured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneovs Proceeds multiplied by the following <br />fraction,: (a) the total amount of the s�uns s�ured immediately before the partiat taking, destruction, or loss <br />in vatue divided bY (b1 the fair market vaIue of the Property i�iateIy before the partial taking, <br />destruction, ar loss ia value. Any balance shali be paid to Borrower. <br />Tn the event of a partial, tal�ug, ciestruction, or Ioss ig vatue of the Property in �arhich the fair market value of <br />the ProPerty inTme�ely befose tFce pa�Eia� takiug, des�cuction, ag t�rss in �atue is l�s than the amount of the <br />sums s�r.ued i�ectiat�Fy befoxe t� gartcal tak�rsg, ��struetian, �s Ioss ia vat�, unless Borrower aac� <br />F,.e�ca�er d�ise a�ree ia vurEti�g, t�e 1blisee�ageo�rs �oe�3s s�F be �ppli� w the sums secured. by this <br />Sec�uit}r �� �e� c�r not �he se�s ate then, cit�e. <br />�f t&e Froperty is �baa�onec� by �rr�rw�r, or i�, after IIotice by T.e�es to Barrower that the Opposiag Party <br />(as def�ste.� igc tl�e fce�t setet�nce) afF�s to mak� an award to setfle a claim for ctamages, Borrower fails to <br />respoffid to Lender wit�hin 3f1� d�ys after ttte c�e the notice is giver[, I.�nc�er is authorized to collect and. appIy <br />the Mrscae�lauueous Proc�eds either to restorarion or repair af the Pmperty or to the sums se,cured by this <br />SeCUSt[j+ IBS�L, WP1�[EL OP IIf}� L�CC� (�. " Ogposing Party" mean.s tfie thirc� party that owes Borrower <br />Miscel2a�eovs Proceeds or t�Ce paFtY a�aiust w�� �orrvwer Iias a right of actic�n in regard to Miscellaneous <br />Proceecfs. <br />Banower shall be in default if any action or praceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other materiai impair�nent 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 acrion 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 proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property aze hereby <br />assigned and shall 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 />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMPB(NE) (1105) <br />Woiters Kluwer Financial Services Page 70 of 17 <br />' !i ° <br />