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� 201108377
<br /> satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs
<br /> and restoration in a single disbutsement 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, Lender shall not be required to pay Bonower any interest or earnings on such
<br /> Miscellaneous Proceeds. If the restoration or repair is not econotnically feasible or Lender's security would
<br /> be lessened, the Miscellaneous Proceeds shall be applied to the sums s�ur�by this Security Instrument,
<br /> whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be
<br /> appliefl in the order provided for in Se,ction 2.
<br /> In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proce�ds 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, destruction, or loss in value is equal to or greater than the
<br /> amount of the sums secwed by this S�urity Instrument immediately before the partial taking, destruction, or
<br /> loss in value, unless Borrower and Lender otherwise agree in writing, the sums s�ured by this Security
<br /> Instnunent sha11 be reduced by the amount of the Miscellaneous Proc.eeds multiplie�by the following
<br /> � fraction: (a)the total amount of the sums se,cured immediately before the partial taking, destruction, or loss
<br /> in value divided 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 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 itnmediately before the partial taking, destruction, or loss in value is less than the amount of the
<br /> 'sums secured immediately before the partial taking,destruction, or loss in value, unless Bonower and
<br /> Lender otherwise agree in writing, the Miscellan�us Proceeds sha11 be applied to the sums s�ured by this
<br /> Security Instrument whether or not the sums aze then due.
<br /> If the Properiy is abandoned by Bonower,or if, after notice by I.ender to Bonower 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 secured by this
<br /> Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bonower
<br /> Miscellan�us Proceeds or the party against whom Borrower has a right of action in regard to Miscellan�us
<br /> Proceeds.
<br /> Borrower sha11 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 /> Properiy or rights under this Security Instrument. Bortower 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 Lender's judgment,pre�ludes forfeiture of the Property or other material impairment of
<br /> Lender's interest in the Properiy or rights under tYus Security Instrument. The proceeds of any awatd or
<br /> claim for damages that aze attributable to the impairment of Lender's interest in the Properly are hereby
<br /> - assigne�and shall be paid to Lender.
<br /> All Miscellan�us Proceeds that are not applied to restoration or repair of the Properly sha11 be applie�in the
<br /> order provided for in Section 2.
<br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UPIIFORM INSTRUMENT Form 3028 7/01
<br /> VMP� VMP6(NE)11105�.00
<br /> Wolters Kluwer Financial Services Page 10 of 17
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