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�4�����13 <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 Procceds, Lender shall not be required to pay Borrower any interest or eamings on such <br />Miscellan�us Procceds. 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 s�ured 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, destruction, or loss in value of the Property, the Miscellan�us Proceeds shall <br />be applied to the sums se,cured 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, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the paztial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instnunent immediately before the partial taking, destruction, or <br />loss in value, unless Bonower and Lender otherwise agr� in writing, the sums s�ured by this Security <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total aznount 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 immefliately before the partial taking, <br />destruction, or loss in value. Any balance shall be paid to �rrower. <br />In the event of a partial taldng, 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 less than the amount of the <br />sums s�ured immediately before the partial taking, destruction, or loss in value, unless Bonower and <br />Lender otherwise agre,e in writing, the Miscellaneous Proceeds shall be applied to the swns s�ured by this <br />Security Instrument 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 awazd to settle a claim for damages, Bonower 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellan�us Proceeds or the party against whom Bonower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proce�iing, 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 />occurre�, reinstate as provided in S�tion 19, by causing the action or proce�ding to be dismissed with a <br />ruling that, in Lender's judgment, pre,cludes 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 award or <br />claim for damages that aze attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Procseds 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-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP Q VMPBINE) (1105) <br />Wolters Kluwer Financial Services Page 10 of 17 <br />f <br />