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�Q1�0894� <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 Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restorarion 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, destrucrion, or loss in value of the Property, the Miscellaneous Proceeds shall <br />he 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 talcing, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destrucrion, 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 otherwise agree in writing, the sums secured by this Security <br />Instivment shall be recluced by the aznount of the Miscellaneous Proceeds mulriplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destrucrion, or loss <br />in value divided by (b) the fair market value of the Pro�rty immediately before the partial taking, <br />destrucrion, or loss in value. Any batance shall be paid to Borrower. <br />Yn 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 be�ore tl�e paFnial taking, destruction, or loss in value is less than the amount of the <br />sums sec.vred imme�Iiately before the partiat taking, destruction, or loss in value, uniess �rrower anct <br />Le�tcter otherwise agree in writing, the Miscellaneous Proce.eds shall bs applied to the sums secured by this <br />S�urity Instruffient whether or IIot the sums are then due. <br />If the Property is abandoned by Bnrrower, or if, after notice by Lender to Borrow+er 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 />respond to Lender within 30 days after the date the norice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proce�ts either to restoration or repair of the Property or to the sums secured by this <br />Security Tnstnunern, whether or not then due. "Opposing Pazty" means the third party that owes Bonower <br />Miscellaneous Proce�s or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Pr�s. <br />Borrower shall be in default if any acdon or proceeding, whether civil or criminal, is begun tl�at, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Properly or rights under this Security Instrument. Borrower can cure such a default and, if accelerarion has <br />occurred, reinstate as provided in Secrion 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 awazd or <br />claim for damages that aze amibutable 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 />NEBRASKA-Single Famlly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Financial Services <br />Form 3028 1l01 <br />VMP6(NE) (1105) <br />Page 10 of 17 <br />