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201107691 <br /> satisfaction, provided that snch inspection shall be undertaken promptly,Lendex may pay fox 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 wriring or Applicable Law requires interest to be paid on such <br /> MisceRaneous Proceeds, Lender shall not be requircd to pay Borrower any interest or eamings on such <br /> Nliscellanaous Proceeds. If the restorarion or repair is nof economically feasiUle or Lender's securitc would <br /> be lessened, ffie Miscellaneous Proceeds shall be applied to tt�e swns secured by this Security Insirument, <br /> whether or not then due, Rdth the excess, if any, paid to Bonower, Such.Nliscellaneous Proceeds shall be <br /> applied in the order provided for in Section 2. <br /> In the eveat of a total talcing, destruetion, or loss in value of the Property, the Miscellaneous Proceeds shall <br /> be applied Yo the sums secured by this Security Instnunent, whether or not then due, With the excess, if aay, <br /> paid to Borrower. <br /> In the event of a partial taleing, destruction, or loss in value of the Properry in which the fair mazkeY value of <br /> the Property immediately hefore the partial takina; destruction, or loss in value is equal to or greater than the <br /> amount of the smns 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 fhis Seciuity <br /> Inshument shall be reduced by the amount of the Miscellaneous Proceeds mulriplied by the fallowing <br /> fraction: (a)the total amoimt of the sums securcd immediately Uefore the pariial taking, desYruction, or loss <br /> in value clivided by (b) the fair market value oP Che Properiy immediafely before Yhe pariial taking, <br /> deshuctimi, or loss in vahle. any balauce shall be paid to Bosower. <br /> In the event of a partial takine, dc-struction; or loss in nalue o£tlie Yroperry in which the fair mazket valne of <br /> the Properry umneckiately before the partial faking, destcuetion, or loss in value ls less than the auiounf of the <br /> sums secured iinmediately beYore the paitial talcing, destrucrion, or loss in value, unless Borrower and <br /> Lender otherwise agree in writing, the Miscellaneous Pmceeds shall be applied to thc sums secured by this <br /> Security Insirument whether or not the sums aze then due. <br /> If the Proper[y is aUandoned by Bpnower; or if, after norice by Lender to Boaower that the Opposing Parry <br /> (as defined in the next sentencc) offexs to make an awazd to settle a alaiin for damages,Soirowex fails to <br /> respond to Lender within 30 days aftes�I�e date the notice is given,Lender is authorized to colleet and apply <br /> the Miscellaneous Proceeds cither to restoration or repair of the Proper[y or to the sums secured by this <br /> Security Instrument whether or noc then due. "Opposing Pariy" means the third party that owes&�rrower <br /> Miscellaneous Proceeds or the party against whom Boirower has a right of action in xegard To Miscellaneous <br /> Proeeeds. <br /> Borrower shall be in default if any action or proceecling, whether civil or criminal, ls begun thal; in Lender's <br /> judgment, could result in forfeiture of the Property or other material unpairment of Lender's interest in thc <br /> Properiy or rights under this Security inshwnent. Bonower can cure such a default and, if acceleration has <br /> occurrcd, reinshte as provided in Section 19, by causin� the action or proceeding to be dismissed with a <br /> rulmg that, in Lender's judgment, precludes forfeiture of the Property or other inaterial impaimient of <br /> Lender's interest in the Property or rights undex this Security Instrument. The proceeds of any award or <br /> claun for damages that aze aTtributable to the impaument of Lender's intexest in 2he Property aze hexeby <br /> assigned and Shall be paid to Lender. <br /> All Miscellaneous Proceeds tliat aze not applied to restoxation or repair of The Property s�haR be appfied 'tn the <br /> order pzovided for in Section 2. <br /> 23I�H6 <br /> NEBRASKA-SingleFamily-FannieMaa/F�edCieMacOWFDRM INSTRUMENT Porm 30281/01 <br /> VMP rg VMP6(Nt�(1 i G5 <br /> Wolters Kluwer Financial Servlces Page 10 ot 4] <br />