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20110797�
<br />satisfaction, provided tha.t 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 Procceds, 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 secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Bonower. 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, destrucrion, 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 tIus Security �nstrument immediately before the partiat taking, destruction, or
<br />loss in value, uniess Borrower anct Lender othervvise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amount of ttie Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount of the sums secured immediately before tUe partiat taking, destruction, or loss
<br />in vatue divided by (b) the fair marlcet value of the Property immediately before the partial taking,
<br />destruction, or Ioss in value. Any balance shall be paid to Borrower.
<br />In the event of a partial taking, desizuction, or loss in value of the Property in which the fair market value of
<br />the Property immediatety before the partial taking, destruction, or loss in value is less than the amount of the
<br />su�s secured immediateiy befare the partial taking, destruction, or loss in value, unles.s Bonower and
<br />Lender otherwise agree in writiug, the Miscellan�us Proceeds shall be applied to the sum,s secured by this
<br />5ecurity Instrument whether or not the sums are then due.
<br />If the Properiy is abandoned by Borrower, or if, after norice by Lender to Borrower that the Opgosing Party
<br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Bonower fails to
<br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums se,cured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of acrion in regazd to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default 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. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Secrion 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 5ecurity Instrument. The proc.eeds 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 Proaeeds that are not applied to restoration or repair of the Properiy shall be applied in the
<br />order provided for in S�tion 2.
<br />NEBRASKA-Single Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O7
<br />VMP � VMPB(NE) (1105)
<br />Wolters Kluwer Financial Services Page 70 of 17
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