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20�201158 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any afliliate of any of the foregoing, may receive (directly or indirectly} amounts that <br />derive from (or might be characterize,ci as} a portion of Bonower's payments for Martgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amonnts that Borrower bas agreed to pay for <br />Mortgage Insnrance, or any other terms of the Lo�n. Snch agreements will not increase the amonnt <br />Borrower will owe for Mortgage Insurance, and the� will aot entitle Barrower to any refnnd. <br />(b) Any snch agrcements will not affect the nghts Borrower has - if any - with respect to the <br />Mortgage Insnrance nnder the Hom�wners Protection Act of 1998 or any other law. The.ce rights <br />may inclnde the right to re�eive certain d�lsclosures, to r�uest and obtain cancellaHon of the <br />Mortgage Insnrance, to have the Mortgage Insnrance terminated antomatically, and/or to receive a <br />refnnd of any Mortgage Insarance premiums that were unearned at the time of such cancellal3on or <br />terminal3on. <br />11. Assignment of Miscellan�ns Proceeds; Forfeitare. All Miscellan�us Procceds are hereby <br />assign� to and shall be paid to Lender. <br />If the Properly is damaged, such Miscellan�us Proceeds shall be appli� to restorarion ar repair of <br />the Properiy, if the restoration or repair is �onomic�lly f�sible and Lender's s�urity is not lessened <br />During such repair and restoration period, Lender sha11 have the right to hold such Miscellan�us Procee�s <br />until Lender has had an opporhmity to insp�t such Properiy to ensure the work haS bcen completed to <br />Lender's satisfaction, providefl that such inspection sha11 be undertaken promptly. L�nder may pay far the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />complet�. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Procceds, Lender sha11 not be ret�uireri to pay Borrower any interest or earnings on such <br />Miscellan�us Procceds. If the restoration or repair is not a;onomically feasible or Lender's security would <br />be lessened, the Miscellan�us Proceeds shall be applieri to the sums s�ed by this �curity Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellan�us Procee�s shall be <br />applied in the order provided for in Section 2. <br />In the event of a total talcing, destrucrion, or loss in value of the Property, the Miscellan�us <br />Proceeds shall be applied to the sums s�urerl by this Security Inslrument, whether or not then due, with <br />the exce,ss, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Froperty in which the fair market <br />value of the Property immediately before the partial taidng, destruction, or loss in value is equal to or <br />greater than the amount of the sums s�ured by this S�urity Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agrce in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellan�us Proceeds <br />multipli� by the following fraction: (a) the total amount of the sums s�ure� immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be�aid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in wluch the fair market <br />value of the Properiy imm�iately before the pazrial taking, destruction, or loss in value is less than the <br />amount of the sums s�ured immediately befare the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellan�us Procceds shall be appliefl to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandone� by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the ne�ct sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to callect and apply the Miscellan�us Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Se�urity Instrument, whether or not then due. "Opposing Party" means the third pariy <br />that owes Borrower Miscellaneous Proceer�s or the pariy against whom Borrower has a right of action in <br />regard to Miscellaneous Proceefls. <br />Borrower shall be in default if any action or procee�ing, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this S�urity Instrument. Borrawer c�n cure such a default and, if <br />acceleration has oc�urred, reinstate as provided in Section 19, by c�using the action or procce�ing to be <br />2300070575 n v6� <br />NEBRASKA - Single Family - Fannle Ma�Freddle AAac UNIFORAA INSTRUMENT WITH M <br />�-8A(NE)1oe�o1 Pege 9 of 76 i�es�s: �,�"�?�+ � Farm 3028 1/01 <br />0 <br />