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201108174
<br /> satisfaction, provic�ed that such inspection sh�ll be under�alcen promptly, Lender inay p�y for the repairs
<br /> and restoration in a siiigle disUui�sement oi•in a series of progress p�yinents as the worlc is coin�leted.
<br /> U1�1ess an agreeiiient is macle in writing or Applicable Law requires iilterest to be p�id on sttch
<br /> Miscellaiieous Proceeds, Lender shall not Ue required to pay Borrower any interest or earnings on such
<br /> Miscellaneous Proceeds. If the restorltion or i•ep�ir is not economic�lly feasible or Lender's security would
<br /> be lesseized, the Miseellaneous Proceeds s11a11 be applied to the sums sectiretl by this Security Instrunzent,
<br /> whether or not then ciue, with the excess, if any, paid to Borrower. Sucli Miscellaneous Proceeds sha11 be
<br /> applied in the order provided for in Section 2.
<br /> Tn the event of a total talcing, destructio��, or loss in value of the Property, tize Miscallaneous P��nceeds sliall
<br /> be applied to tlie suins secured by tllis Secarity Insti�uinent, whether or no�then due; with�he excess, if any,
<br /> paid to Borrower.
<br /> In tihe event of a partial talci�ig, destruction, or loss in value of the Property in which the fair inarlcet value of
<br /> the Property inunediately Uafore ti17e partial talcing, destriiction, or loss in value is eqnal to or greater than the
<br /> amount of the sums secured by this Security Instrument iirunedi�tely bePore the partial talting, elestruction, or
<br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured bq this Security
<br /> Itlstrument shall be reduced by the amount of the Miscell�neolis Proceeds multipliecl by the following
<br /> fr�ction: (a)the total amount of the smns secured immecliately before the partial talcing, clestruction, or loss
<br /> in vahie divided by(l�)the fair inarlceE value of t11e Property iim�lediately Uefore the partial tal�ing,
<br /> destructioii, or loss in value. Aliy Ualance shall be paid to Borrower.
<br /> In tlae event of a partial talcing, destiruction, or loss in value of the 1�roperty in which the fair inarlcet value of
<br /> the Property iminecliately before tlie�artial taking, destruction, or loss in valtiie is less than the a�nount of the
<br /> suins sectiu•ecl irnmediately before the partial talcing, destruction, or loss in value, unless Bori•ower and
<br /> Lender otherwise agree in writing, the Miscellaneoas Proceeds shall be applied to the sums secured by this
<br /> Secut•ity Tnstr�uinent whether or not tha sums are thev due.
<br /> If tlie Property is abandonecl Uy Borrower, or iP, after notice by Lender to Borrower that the Opposing Party
<br /> (as de�ned in the iiext sentence) offers to malce a11 award to settle a claim for damages, Borrower fails to
<br /> i'es�ond to Lender within 30 c�ays after the date the notice is given, Lender is authorizsd to collect and apply
<br /> the Miscellaneous Proceeds either to restoration or repair of tlle Property or to the stuias secLU•ed by tlzis
<br /> Security Instrumei�t, whetlier or i7ot then due. "Opposing Party" ina�ns the tihird party that owes Borrower
<br /> Miscellaneous Proceeds or tli�pa�•ty against whom Borrower has a right of action in regard to Miscellaneous
<br /> Pi•oceeds.
<br /> Borrowei• shall be in default zf�ny action or proceeding, whether civil or crimiilal, is begun that, in Lender's
<br /> judginent, could result iu fo�feiture of the Property or other inaterial iinpairinent of Lender's interest in the
<br /> Property or rights under tl�is Security Instrument. Borrower can cure such a delault and, if aeceleration has
<br /> occurred, reins�ate�s pY•ovided in Section 19, by ca.using the action or procaeding to be dismissed with a
<br /> ruling that, in Lender's judgment, pracludes forfeitui'e of tlie Property or other material impairment of
<br /> Lender's ultere�t in the Property or ri�hts under this Security Iiistrument. Tlie pxoceeds of auy aw�rd or
<br /> claiin for damages that�re atitriUutable to the impairment of Lender's irit�rest in the Property are hereby
<br /> assigned and s1ia11 be p�tiid to Lender.
<br /> Al1 Miscellaueous�Proceeds that 1re not a�pplied to restoration or repa�ir of the Propertiy sha11 be applied in the
<br /> order provided for in Section 2.
<br /> 231201
<br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUM ENT Form 3028 1I01
<br /> VM P OO VM P6(NE)(1105)
<br /> Woliers Kluwer Financial Services Page 10 of 17
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