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201109598 <br /> cantinne to pay to Lender the amount of the separately designated payments that were due when the <br /> insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a <br /> non-refundable loss reserve in lieu of Mortgage Insurance, Such loss raserve shall be non-refundable, <br /> notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay <br /> Borrower any interest or earnings on such loss reserve, Lende�can no longer require loss reserve payments <br /> if Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an <br /> insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br /> payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a <br /> condition of making the Loan and Borrower was required to make separately designated payments toward the <br /> premiums for Mortgage Insurance, Borrower shall pay the preiniums required to maintain Mortgage <br /> Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br /> Insurance ends in accoi•dance with any written agreement between Borrower and Lender providing for such <br /> termination or until termination is required by Applicable Law. Nothing in this Section 10 affects <br /> Borrower's obligation to pay interest at the rate provided in the Note. <br /> Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur <br /> if Borrower does not repay the Loan as agreed, Borrower is not a party to the Mortgage Insurance, <br /> Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter <br /> into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on <br /> terms and conditions that are satisfactory to the mortgage insurer and the other party(or parlies) to these <br /> agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br /> that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br /> premiums), <br /> As a result of tliese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br /> entity, or any affiliate of any of the foregoing, may receive(directly or indirectily) amounts that derive from <br /> (or might be characterized as) a portion of Borrower's pay�nents for Mortgage Insurance, in exchange for <br /> sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an <br /> affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br /> insurer, the arrangement is often termed "capti�e reinsurance." Further; <br /> (a) Any such agreements will not at'fect the amounts that Borrower has agreec�to pay for 1Vlortgage <br /> Insurance, or any other terms of the Loan. Such agreernents will uot increase the amount <br /> Borrower will owe for Mortgage Iusurance, and tliey will not entitle Borrower to any refund, <br /> (b) Any such agreements will�iot affect the rights Bori•ower has-if any -with respect to the <br /> Mortgage Insuraiice under the Horr►eowiiers Protection Act of 1998 or any other law. These rights <br /> may include the right to receive certain disclosures, to request and obtain cancellation of the <br /> 1Vlortgage Iusurance, to have the li�Iortgage Insurance termiiiated automatically, and/or to receive <br /> a refund of ariy Mortgage Iiisuraiice premiums that were unearned at the time of such <br /> cancellation or termination. <br /> 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br /> and shall be paid to Lender, <br /> If the Property is dainaged, such Miscellaneous Pr•oceeds shall be applied to restoration or repair of the <br /> Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During <br /> such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br /> Leilder lias had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br /> 231237 <br /> NEBRASI<A-Single Family-Fannle Mae/Freddie Mao UNIFORM INSTRUMENT Form 3028 1/01 <br /> VMP OO VMP61NE)(1106) <br /> Woltars Kluwer Finallcial Servlces � Page 9 of 17 <br />