20�206��e
<br />(a) Any such agreements will not affect the amounts that Borrower has agrced to pay for Mortgage
<br />Insurance, or any other terms of the Loan. Such agreements will not increase We amount
<br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b) Any such agr�ments will not affect the rights Borrower has - if any - with respect to the
<br />Mortgage Inaurance nnder We Homeowners Protection Act of 1998 or any other law. These rights
<br />roay include the right to receive certain disclosnres, to request and obtain cancellation of the
<br />Mortgage Insurance, to 6ave the Mortgage Insurance terminated automatically, and/or to receive
<br />a refund of any Mortgage Insurance premiums that were unearned at the time of snch
<br />cancellation or termination.
<br />11. Asstgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds aze hereby assigned to
<br />and shall be paid to Lender.
<br />If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
<br />Property, if the restoration or repair is ewnomically feasible and Lender's security is not lessened. During
<br />such repair and restoration period, Lender shall have the right to hold such Miscellaneaus Proceeds until
<br />I.ender has had an opgortunity to inspect such Property to ensure the work has been completed to Lender's
<br />satisfaction, provided Wat such inspection shall be undertaken promptly. I,ender may pay for the repairs and
<br />restoration in a single disbursement or in a series of progress payments as khe 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 We
<br />restoration or repair is not economically feasible or Lender's security would be lessened, We 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, deshvction, or loss in value of the Property, the Miscellaneous Proceeds shall
<br />be applied to the sums secured by this Security Instrument, whe[her or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Properly in which the fair market value of
<br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
<br />amount of the sums secured by this Security Inshvment immediately before the partial taking, destruction, or
<br />loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount 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 immediately before the partial taking,
<br />deshvction, or loss in 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 immediately before the partial taking, destruction, or loss in value is less than the amount of the
<br />sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, [he 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 Borrower, or if, after notice by Lender to Borrower that the Opposing Party
<br />(as defined in the next sentence) offers to make an awazd to settle a claim for damages, Borrower 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 />NEBRASKA-Si�le Femily-Fannie Mae/Freddie Mac UNIFORM INSTHUMENT WITH MERS
<br />VMP �
<br />Woltars Kluwer Firmrcial Smvices
<br />Form 3028 1 /01
<br />VMP8AWE) (11061.00
<br />Page 10 of 17
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