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2011090SU <br />satisfacrion, 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 Procceds. If the restorarion or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds sha11 be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. 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 />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, destrucrion, 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 Se,curity Instrument immediately before the partial taldng, destruction, or <br />loss in vatue, unles.s Borrower and Lender otherwise 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 totaI 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 Property 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 tatdng, destruction, or loss in value of the Property in which the fair market value of <br />the Froperty immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums se�vred: immediately before the partiai taking, destrucrion, or Ioss in value, imless Borrower and <br />Lender otherwise agree in writing, the Nliscellaneous Proceeds shall. be applied to the sums secured by this <br />Securiry Tnstrament whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Bonower 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 />respon� to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the 1VIiscellaneous Proceeds either to restora.rion or repair of the Property or to the sums secured by this <br />Security Instnunent, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Froceeds or the party aga.inst whom Borrower has a right of acrion in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or eriminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other materiat impairment of Lender's interest in the <br />Properiy or rights under this Security Insmiment. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the acrion 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 />L,ender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Progerty are hereby <br />assigned and shall he paid to Lender. <br />All Miscellan�us Praceeds 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 Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/O1 <br />VMP p VMPB(NE) �7105) <br />Woiters Kluwer Financiel Servicas Page 10 of 17 <br />, . ��: .� g � r <br />