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20110900G
<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 />Unlcss an agrccmcnt is madc in writing or Applicablc Law rcquires intcrest to bc 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 nol then due, with the excess, if any, paiJ to Borrower_ Such Miticellaneous 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 Instntment, 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 secured by this Security Instrument immediately before the partial taking, destruction, or
<br />lotin in value, unleas Borrower and Lender olherwise agree in wriling, lhe suma seA:ured hy lhis Sec:urily
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceecis multiplied by the following
<br />fraction: {a) the total amount of the sums secured immediately before the partial taking, destntction, 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 thc cvcnt of a partial taking, dcstruction, or loss in valuc of thc Property in which thc fair markct valuc of
<br />the Property immediately 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 Borrower and
<br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by ihis
<br />Securily Inslrumenl whether or not the sums are lhen due_
<br />If the Property is abandoned by Bortower, 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 />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
<br />thc Misccllancous Procccds cithcr to restoration or rcpair of thc Property or to thc sums sccurcd by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Bortower
<br />Miscellaneous Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous
<br />Proceeds.
<br />Borrower 5ha11 be in defaull if any action or proceeciing whether civil or criminal, is begun ihal, in Lender's
<br />judgment, could result in forfeihue of the Property or other material impairment of Lender's interest in the
<br />Property or rights under this Security Instntment. 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 />Lcndcr's intcrest in thc Property or rights undcr this 5c;curity Instrumcnt. Thc procccds of any award or
<br />claim for damages that are attributable to the impaitment of Lender's interest in the Property are hereby
<br />assigned and shall be paid to Lender.
<br />All Miuellaneowti Prcx;eecls thal are nol applied to resloralion or repair of the Prc�perly shall be upplied in the
<br />order provided for in Section 2.
<br />NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 3028'I/01
<br />VMP � VMPB(NE) (1105).00
<br />Wolters Kluwer Financial Services Page 10 of 17
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