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2���Q9�3� <br />As a result ot these agrecments, Lender, any purchaser of the Note, another insurcr, any reinsurer, <br />any other entity, or any affiliate of any af the foregoing, may receive {directly or iadirectly) amounis that <br />derive [rom (or miaht be characterized as} a�ortion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying !he mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiIiate of Lendcr takes a share of the insurer's risk in exchange for a sharc of the <br />premiums paid {o the insurer, the arrangement is often termed "ca.ptive reinsurance." Further: <br />(a) Any such ag�ments wiii not affect tlxe amounts that Borrower has agreed to pay far <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not iucrease the amount <br />Borruwer will owe for Mortgage Insurance, and thev will not entitle �orrower to any xefund. <br />(b) Auy sucla agreements will not affect the nghts Borrower has - if any - with respECt to the <br />Mortgage Insurance nader the Hameowaers Protection Act o£ 1998 or any other law These rights <br />may include the right to receive certain disclosure5, to request and obtain canceilation of the <br />Mortgage Insurance, to have the Mortgage �nsurance terminated automatically, andlor ta receive a <br />refund of any Mortgage Insnrance premiums that were unearaed at the time of suth canceilation or <br />terminatian, <br />11. Assignment of Miscellaneous Proeeeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and sllail be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration ar repair af <br />thc Property, if the restoration or repair is ecanomicaliy feasibie and Lender's secr2riiy is not lessened. <br />During such regair and restoration period, Lender sha11 have tha right to hold such Miscellaneous Froceeds <br />untii Lender has had an oppartunity to inspect such Property to ensure the work has been comgleted ta <br />i.ender's satisfaction, pravided that such inspection shall be undertaken promptlp. Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />comp�eted. Unless an agrecment is made in writing or Applicable La.w requires intezest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Sorrower any interest or earnings on such <br />Miscellaneous Proceeds. If lhe restorati�n or repair is not economically feasible ar i.ender's security wouid <br />4�e lessened, the MisceTlaneous Proceeds shall be applied to the suzns secured by this Security inslrument, <br />whether or not then due, with the excess, if any, paid !o Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellas�eaus <br />�'rocECds shall be applied to the sums secured by this Security Tnstrument, whether or noC then due, with <br />lhe excess, if any, gaid to Borrawer. <br />In the event af a partial taking, destruction, or loss in value af the Prflperty in which the fair market <br />value of the ProperYy immediateiy before the paziial taking, destructian, or loss in value is equal to or <br />greater than the amount of the sums secured by tlus Security Instrument immediately before the partial <br />taking, deslruction, or lass in value, anless 8orrower and Lender otherwise agree in writing, the sums <br />securul by this Secuzity Instrument shall be reduced by the annount of the Misceilaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in vatue divided by (b) the fair market value of tbe Property <br />imrraediateiy before the partiai taking, destruction, or loss in vaiue. Any balance shall t1e paid to Borrawer. <br />In the event of a partia] taking, destruction, ar loss in value of the Praperty in wh�ch the fair market <br />value nf Yhe Property immediately before the partiai iaking, destruction, or loss in value is less than ihe <br />amount of the sums sec�ured immediately before the parEial taking, destruction, or loss in value, unless <br />Bc�rrower and Lender otberwise agree in writing, the Miscellaneous Proceeds shall be agpliad to the sums <br />secured by thi.s Security Instrumen# whether or nol the sums aze ihen due. <br />T£ the Property is abandoned by Barrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentenoe) offers ta mal:e an award to settle a claim for damages, <br />Barrowcr fails to respand to L.ender within 30 days after the date the natice is given, Lender is authorized <br />co collect anc� apply the Miscellaneous Proceeds either to restoration or repair af the Property ar ta the <br />sums ticcured by this Security Tnstrument, whether or not then due. "�pposing Party" mearts the third party <br />that owes Iiarrower Miscellaneous Proceetis or the party against whom Borrower has a right of action in <br />regard �o Miscc!lanec>us Proceeds. <br />Liorrower shall be in default if any action or procceding, whether eivil or criminal, is begun that, in <br />Lf:nder's jud�ment, could resutt in forfeiture of the Praperty or oti�er material impairment of Lender's <br />interes[ in the Proper[y or rights under this Security Instrument. Borrower can cure such a defaule and, zf <br />accslera€ion has oecurred, reinstate as provided in Sectian 19, by causing fihe action or proceadin to be <br />12-06-000124 <br />NEBRASKA - Single Famiiy - Fannie Mae/Freddie Mac liNiFOfiM INSTRIl�►EM'f WITFI MERS <br />�-BA �IVE� (p61 Q) Page 9 at f 5 Form 3028 1 tQ i <br />� <br />� <br />� <br />