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� 201209793 <br /> (a)Any such agreements will not affect the amounts t6at Borrower has agreedto pay for Mortgage Insurance, . <br /> or any other terms of the Loaa Such agreements will not increase the amount Borrower wilt owe tor Mortgage <br /> Insurance,and they will not entitle Borrower to any refund. <br /> (b)Any such agreements will not affect the rights Sorrower has—if any—with respect to the Mortgage <br /> Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may inctude the right to <br /> receive certain disdosures,to request and obtain cancellation of the Mortgage Insurance,to have the Martgage <br /> Insurance terminated automatically,and/or to reeeive a refund of any Mortgage Iosurance premiums that were <br /> unearned at the firoe af such cancellation or termination. <br /> 11.Assignmeut of Miscella�eous Proceeds;Forfei[ure.Alt Miscellaneous Proceeds are hereby assigned to and <br /> shall be paid to Lender. <br /> Ifthe Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property,if <br /> the xestotarion 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 Miscellaneo�s Proceeds until Lender has had an opportunity to inspect <br /> such Properry to ensure the work has been compteted to Lender's satisfaction,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 shall not be required to pay Borrower az�y interest or eamings on such <br /> Miscellaneous Proceeds.Ifthe restoration or repair is not economically feasibte 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 taking, destruction, or loss in value of the Proper[y,the Miscellaneous Proceeds shall be <br /> applied to the sums secured by this Security Instrument, whethcr 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,destrucrion,or loss in value is equal to or greater than ihe amount of the <br /> sums secured by this Securiry Insttvment nnmediately before the paztiat taking, destruc6on,or loss in value, unless <br /> Borrower and Lender otherwise a�ree in writing,the sums secured by this Security Inshvment shall be reduced by the <br /> amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)ihe total amount of the sums secured <br /> immediately before the partial takin�,destruction,or loss in value divided by(b)the fair market value of the Property <br /> immediately before the partial taking destrucrion,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[he Property in which the fair market value of the <br /> Properiy immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured <br /> immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in <br /> writin�,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the <br /> sums are then due. <br /> If the Properiy is a6andoned by Borrower,or if, after notice by Lender to Borrower fhat the Opposing Party(as <br /> defined in the ne�ct sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender <br /> within 30 days after the date the notice is given,Lender is autUorized to collect and apply the Miscellaneous Proceeds <br /> eitl�er to restoration or repair of the Properry or to the sums secured by this Security Instrument,wheffier or not fl�en due. <br /> "Opposing Par[y"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Bosower <br /> has a right of acrion in regazd to Miscellaneous Proceeds. <br /> Borrower shall be in default if any action or proceedine, whether civil or cruninal;.is begun tliat, in Lender's <br /> judgment,could result in forfeiture of the Property or otl�er material impairment of Lender's interest in tUe Properiy or <br /> rights under this Security Inshvment.Borrower can cure such a defau(t and, if acceleration l�as occurred,reinstate as <br /> provided in Seetion 19,Viy causing the acfion or proceeding to be dismissed with a ruling that,in Lender's judgment, <br /> precludes forfeiture of the Property or other material unpairment ofLender's interest in the Property or rights under tlus <br /> Security Instrument.The proceeds of any awazd or claim for damages that are attributable to the impaument ofLender's <br /> interest in the Property are hereby assigned and shall be paid to Lender. <br /> NEBRASKA-Single Famity-Fannie MaelFreddie Mae UNIFORM INSTRUMENT wifh MERSForm 3028 1101 <br /> Page 8 of 13 <br /> ��,i„�. � Borzower(s)Indials <br />