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201108219
<br />satisfacxion, 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 />Miscellan�us Proceeds, I.ender shall not be required to pay Bonower any interest or eamings on such
<br />Miscellaneous Procceds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellan�us Procee�s shall be applied to the sums s�ured by tlus S�uriry Instrument,
<br />whether or not then due, with ihe excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
<br />applied in the order provided foz in Section 2.
<br />In the event of a total taking, destrucrion, or loss in value of the Property, the Miscellaneaus Praceeds shall
<br />be applied to the sums secured by this Security Instruinent, 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 immecliately before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the sum�s se�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 secured by this Security
<br />Instrument shall be reduced by the amount of the Mis�ellan�us Procceds multiplied by the following
<br />fracrion: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss
<br />in value divid� by (b) the fair market value of the Property immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall be 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, desttuction, or loss in value is less than the amount of the
<br />sums secured immeciiately before the partial taking, destruction, or loss in value, unless Bonower and
<br />Lender otherwise agree in writing, the Miscellaneous Proc.eeds shall be applierl to the sums secured by this
<br />Security Instrument whether or not the sums aze then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing 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 s�ured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />�rrower shall be in default if any action or proc�eeding, 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 Se�urity Instrument. Borrower can cure such a default and, if acceleration has
<br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
<br />ruling that, in L�.mder'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 proceeds of any awazd or
<br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby
<br />assigned and shatl 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/Ot
<br />VMP � VMP6WE) (1106)
<br />Waltera Kluwer Financial Services Page 10 of 17
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