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- - , <br /> 201108846 <br /> to receive a refand of any Mortgage Insurance premiums that were unearned at the time of <br /> sach cancetl�tion or termination. <br /> 11.Assignment of Misceflaneous Proceeds; Forfeiture.AIl Miscellaneous Proceeds are hereby <br /> assigned to and shall be paid to Lender. <br /> If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the <br /> Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During <br /> such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until <br /> Lender has had an opporturuty to inspect such Property to ensure the work has been completed to Lender's <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 /> 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 restoradon or repair is not economically feasible or Lender's security <br /> would be lessened,the Miscellaneous Proceeds shall be applied to the sums secureci by this Security <br /> Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such Miscellaneous <br /> Proceeds shall be 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 <br /> shall be applied to the sums secuxed by this Security Instrument,whether or not then due,with the excess, <br /> if any,paid to Borrower. <br /> In the event of a partial taking,destruction,or loss in value of the Properly in which the fair market value <br /> of the Property immediately before the partial taking,destruction, ar loss in value is equal lo or greater <br /> than the amount of the sums secured by this Security Insttument immediately before the partial taking, <br /> destruction, or loss in value,unless Borrower and Lender othenvise agree in writing,the surns secured <br /> by this Security Instrument shall be reduced by the amount ofthe Miscellaneous Proceeds multiplied by <br /> the following fraction: (a)the total amount of the sums secured immediately before the partial taking, <br /> deshuction, or loss in value divided by(b)the fair market value of the Property immediately before the <br /> partial taking,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 <br /> of the Property immediateiy before the partial taking,destruction,or loss in value is less than the amount <br /> of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower <br /> and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured <br /> by this Security Instrument whether or not the sums ate then due. <br /> If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Opposing <br /> Parly(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower <br /> fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect <br /> and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or to the sums secured <br /> by this Security Instrument,whether or not then due, "Opposing Party"means the third party that owes <br /> Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard ta <br /> Miscellaneous Proceeds. <br /> H CFG-00359 <br /> NEBRASKA-5ingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br /> VMP� OBliM1 <br /> Wolters Kluwer Financial Services 201171154.0.0.0.4002-J20110824V Page 10 of 17 <br /> '19 142 11 <br /> I <br /> I <br />