20120417�
<br />(a) Any such agre,ements will not affect the amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other tarms of the Loan. Such agreements will not inar�se the amount
<br />Borrower will owe for Mortgage Insuranca, and they will not entitle Borrower to any rafinnd.
<br />(b) Any such agreemants will not affect the rights Borrowar has - if any - with respect to the
<br />Mortgage Insuranca undar the Homeowaers Protection Act of 1998 or any other law. Thesa rights
<br />may includa the right to recaiva cartain disclosurea, to request and obtain oancellation of the
<br />Mortgage Insuranca, to have the Mortgaga Insuranca terminated automatically, andlor to recaive
<br />a rafnnd of any Mortgage Insuraaca pramiums that were unearned at tha tima of snch
<br />c�ncsllation or terminaHon.
<br />11. Asslgnment of Mlscellaneous Proc�ds; Forfelture. All Miscellaneous Proceeds are hereby assigned to
<br />and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
<br />Property, if the restorallon or repa�lr is economically feasible and Lender's securlty is not lessened. During
<br />such repair and restoraHon perlod, Lender shall have the rlght to hold such Miscellaneous Proceeds untll
<br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
<br />saflsfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
<br />restoraflon in a single disbursement or in a series of progress payments as the work is completed. Unless an
<br />agreement is made in wrlting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
<br />Lender shall not be requ�red to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
<br />restoraflon or repair is not economically feasible or Lender's securlty 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 applled in the order provided for in
<br />SectIon 2.
<br />In We event of a total taking, destrucHon, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />be applied to the sums secured by this Securlty 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 9n which the fa9r market value of
<br />the Properly immediately before the partial taking, destrucflon, or loss 9n value is equal to or greater than the
<br />amount of the sums sec�ued by this SecurIty Instrument immediately before the partial tak�►g, destrucHon, or
<br />loss in value, unless Borrower and Lender otherwise agree in wr3ting, the sums secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds mulflpHed by the following
<br />fraction: (a) the total amount of the sums secured immediately before the parflal taking, destruction, or loss
<br />in value divided by (b) the fair market value of the Property immediately before the partial taking,
<br />destruction, or loss 9n 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 irnmediately before the partial taking, destruction, or loss in value is less than the amount of the
<br />sums secured immediately before the par8al taking, destrucflon, or loss 9n value, unless Borrower and
<br />Lender oWerwise agree in wrlting, the Miscellaneous Proceeds shall be applied to the sums secured by this
<br />Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Bonower, or if, after noHce by Lender to Borrower Wat the Opposing Party
<br />(as deflned in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
<br />respond to Lender wlthin 30 days after the date the nodce 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 />001122994783 Citlhank 3.2.55.07 V7
<br />NEBRASKA-Single FamGy-Fannle Mae/Freddia Mac UNIFORM INSTRUMENT WITH MERS Form 3028 7/01
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