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20110935� <br />satisfacrion, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restorarion 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 Proc.eeds, Lender shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />he lessened, the Miscellaneous Proc,eeds shall 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 Secrion 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proce,eds shall <br />be applied to the sums s�ured 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 s�ured by this S�urity Instivment immediately before the partial taking, destrucrion, or <br />loss in value, unless Bortower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellan�us 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 Property immediately hefore the partial taldng, <br />desmiction, 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 of <br />the Property immediately before the partial taldng, destruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taldng, destruction, or loss in value, unless Borrower and <br />Lender otherwise agr� in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />Security Iastrument vvflether or not the sums are then due. <br />If the Properly is abaadoned by Borrower, or if, after notice by L.e�der to Borrower that the Opposing Pazty <br />(as defined in the ue� sentence) offers to make an awazd 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 />the Miscellan�us Proceeds either to restoration or repair of the Property or to the sums secured by this <br />�ty r�,t.,e�r, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proce�s or the pazty against whom Borrower has a right of action in regard to Miscellaneous <br />Proce,eds. <br />Bonower shall be in default if any acrion or praceeding, 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 this Security Instrument. Bonower 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 />Lender's interest in the Properiy or rights under this Security Instrument. The proceeds of any awazd or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proce,eds that aze not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Secrion 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP � <br />Woltere Kluwer Financial Services <br />Farm 3028 1/01 <br />VMPB(NE) (1105) <br />Page 10 of 17 <br />a „' <br />