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201202559
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6/5/2012 4:41:07 PM
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4/3/2012 8:38:02 AM
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201202559
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201202559 <br />451202132 <br />Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if <br />Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer <br />selected by Lender again becomes available, is obtained, and Lender requires separately designated payments <br />toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of <br />making the Loan and Borrower was required to make separately designated payments toward the premiums <br />for Mortgage Insurance, Bonower shall pay the premiums required to maintain Mortgage Insurance in effect, <br />or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in <br />accordance with any written agreement between Borrower and Lender providing for such termination or until <br />termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay <br />interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it <br />may incur if Bonower 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 <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements <br />are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to <br />these agreements. These agreements may require the mortgage insurer to make payments using any source of <br />funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Bonower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides <br />that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to <br />the insurer, the anangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will aot affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may <br />include the rig6t to receive certain disclosures, to request and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any <br />Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the 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 />Lender has.had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lender shall not be required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />In the event of a total taking, destruction, or Ioss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />NEBRASICA—Single Family—Fannle Mae/Freddle Mac UNIFORM INSTRUMEN'I' <br />� 338.5 Page 8 of 14 Form 30281/Ol <br />/ <br />.' <br />� <br />� <br />
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