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�U�20939� <br />(a) Any such agreements will not affect the amounte that Borrower has agrced to pay for Mortgage <br />Insnrance, or any other terms of the Loan. Such agreements wW not increase the amount <br />Burrower wfll owe for Mortgage Insnrance, and they will not entitle Borrower to any refnnd. <br />([�) Any snch agreementa will not affect the rlghts Borrower has - if any - wlth respect to the <br />Mortgage Insnrance nnder the Homeowners Protection Act of 1998 or anp other law. These righb <br />may inclnde the rlght to receive certain disclosnrea, to request and obtain cancellation of the <br />Mortgage �nsnrance, to have the Mortgage �nsarance terminated sntomatically, and/or to receive <br />a refnnd of any Mortgage Insarance premiams that were nnearned at the tfine of snch <br />' cancellatlon or termination. <br />11. Assiqnment of M Iscellaneous Proceeds; Fafeiture. All Miscellaneous Proce�ds are hereby assigned to <br />and sha11 be paid to Lender. <br />If the Property is damaged, such Miscellan�us Proceeds shall be applied to restoration or repair of the <br />Properiy, if the restora.tion or repair is economically feasible and Lender' s security is not lessen�i. During <br />such repair and restoration period, L,ender shall have the right to hold such Miscellan�us Proceeds until <br />Lender has had an opportimity to inspect such Property to ensure the work has be,en completed to Lender' s <br />satiafaction, provided that such inspection shall Ue undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a seri� of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law re�uires interest to be paid on such Miscellan�us Pr�, <br />Lender shall not he required to pay Bonower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender' s security would be lessened, the Miscellaneous <br />Procceds shall be applied to the s�ms sacured by this Security Instr�ment, whether or not then due, with the <br />exce.cs, if any, Paid to Borrower. Such Miscellaneoua Proceeds shall be applied in the order provide�i for in <br />Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellanaous Procceds shall <br />be applied to the sums se�ured by this Security Instrument, whether 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 Property in wlrich the fair mazket value of <br />the Property immediately before the partial taking, daslruction, or loss in value is equal to or greater than the <br />a�nount of the sums secured by tlus Security Instrument immediately before the partial taking, deshuction, or <br />loss in value, unless Borrower and Lender othervvise agres in writing, the sums sacured by this Se�urity <br />Insbmm�ent sba11 be reduced by the amount of the Miscellaneous Procads 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 mazket value of the Proper�y immediately before the partial taking, <br />dn.,struction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, deslruction, or loss in value of the Property in wluch the fair market value of <br />the Properiy immediately before tha paztial taldng, destruction, or loss in value is les.s than the az�unt of the <br />siuns sec�ual imme�iately before tha partial taking, destruction, or loss in value, unless Borrower and <br />Lender othervvise agree in writing, the Miscellaneous Proce�ds sha11 be applied to the sums se�ured by this <br />Security Instrimdent whether or not the sums are then due. <br />If the Properiy is abandoned by Borrower, or i� after notica by Lender to Bonower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to settle a claim for daznages, Borrower fails to <br />respond to Lender within 30 da.ys after the date the notice is givm, Lender is authorized to collect and apply <br />the Miscellaneous Proce,eda either to restoration or repair of the Property ar to the sums securad by this <br />2200286136 D VBANE <br />NEBRASKA-Sb�gle Fampy-Fenrde MeelFreddle Meo UNIFORM INS7RUMENT YVITH MERS Form 3038 1/01 <br />VMP (ql ' VMPBAINE) �1106) <br />Wokers Kluwer Ffnera�el Servicea P�a 70 oi 77 <br />_ �� <br />� <br />