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. ��.a ay� ap^�'ih'tn. <br />. ' � �� , �� � . c� ���`. <br />` 1 • � <br />satisfaction, provided that such inspecrion shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbtusement or in a series of pmgress 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 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 Insttument, <br />whethet 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 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 Bortower. <br />In the event of a partial taking, destntction, or loss in value of the Properly in which the fair market value of <br />the Ptoperly immediately before the partial taking, deshuction, 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 value, unless Borrower and Lender othervvise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss <br />in value divided by (b} the fair market value of the Properiy immediately before the partial taking, <br />destrucrion, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair mazket value of <br />the Property immediately before the partial taking, deslruction, 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 Borrower and <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Instrument whether or not the sums are then due_ <br />If the Property is abandoned by Bonower, or if, after norice 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 norice is given, Lender is authorized to collect and apply <br />the Miscellaneous Ptoceeds either to restoration or repair of the Property or to the sums secured by this <br />Secutity Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or the party against whom Bortower has a right of action in regard 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 ttus Security 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 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 Inshvment. The proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Ptoperty 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 />NEBRASKASingle Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />VMP � VMPB(NE) (1105).00 <br />Wolters Kluwer Finencial Services Page 10 of 17 <br />