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201�A630� <br />(b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage <br />Insurance under the Homeowners Protecl3on Act of 1998 or any other law. T6ese rights may inclnde the right to <br />receive certain disclosures, to request and obtatn cancellation of the Mortgage Insnrance, to have the Mortgage <br />Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance preminms that were <br />unearned at the time of such cancellatlon or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds sha11 be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has l�ad an opportunity to inspect <br />such Property to ensure the work has been completed to Lender's satisfacrion, provided that such inspection shall be <br />undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid on such Miscellaneous Proceeds, Lender sha11 not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the 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 ta.king, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or grea.ter than the amount of the <br />sums secured by this Security Instrument immediately before the partial ta.king, destruction, or loss in value, unless <br />Bonower and Lender othervvise agree in writing, the sums secured by this Security Instrument shall be reduced by the <br />amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured <br />immediately before the 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 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 the <br />Property immediately before the partial taking, destruction, or loss in value is less than the amount of the suans secured <br />immediately before the partial takittg, deshvction, or loss in value, unless Borrower and Lender otherwise agee in <br />writing, the Miscellaneous Proceeds shall be applied to the sums secured by ttus Security Instrument whether or not the <br />sums are thett due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) o�ers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the date the norice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds <br />either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Borrower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or <br />rights under this Security Instrument. Borrower can cure such a d,efault and, if acceleration has accurred, reinstate as <br />provided in Section 19, by causing the acrion or proceeding to be dismissed with a ruling that, in Lender's judgmettt, <br />precludes forfeiture of the Properiy or other material impairment of Lender's interest in the Properiy or rights under tlus <br />Security Instrument. The proceeds of any award or claim for damages that ate attributable to the impairment of Lender's <br />interest in the Property are hereby assigned aad sha11 be paid to Lender. <br />AIl Miscellaneous Praceeds that aze not applied to restoration or repair of the Property shall be appli,ed in the order <br />provided for in Section 2. <br />NEBRASKA Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MERSForm 3028 1/01 � ^ n� <br />Page 8 of 13 � � � �� <br />IDS, Inc. BOROWB�(S) I�iU81S <br />