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201108399 <br />satisfaction, 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 />Untess an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, 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 Borrower. 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 sha11 <br />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />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 Praperty immediately befare the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or <br />loss in vaIue, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br />hstrument shall be reduced by the amount of the Miscellaneous Proceeds xnultiplied by the following <br />fraetion: (a) the total amount of the sums secured immediately befare the partial taldng, destruction, or loss <br />in value divided by (b) the fair market value of the Property i.mmediately before the partiat taking, <br />destruction, or loss in value. Any halance sha11 be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in whieh the fair market value of <br />the Pro�rty imrnediately before the partial taking, destruction, or Ioss in vatue is Iess thau the amount af the <br />sums secured immediately before the partiat taking, destruction, or Ioss in value, untess Borrower and <br />L�nder otherwise agree in writing, the Miscellaneous Froceeds shall be applied to the sums secured by this <br />Security Instnunent whether or not the sums are then due. <br />If the P`roperty 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, Borrower fails to <br />responct to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Mi�ellaneous 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 Par ,ty" means the third party that owes Borrower <br />MiscellaIIeous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civit 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 Securiry Instrument. Bonower 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, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall 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 />NEBRA5KA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP Q <br />Wohers Kluwer Financiat Services <br />Form 3028 1/07 <br />VMP6{NE) 11105) <br />Page 10 of 17 <br />� .� . ,. 1 +� ,` Y .! <br />. . _ . _ . . _ _. . _ . . _ . . . . <br />