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201304414 <br /> CASH ti: LH343460194995 DOC ID It: ********753805013 <br /> were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these <br /> payments as a non-refundable loss reserve in lieu of Mortgage Insurance.Such loss reserve shall be non- <br /> refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br /> required to pay Borrower any interest or earnings on such loss reserve.Lender can no longer require loss <br /> reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) <br /> provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires <br /> separately designated payments toward the premiums for Mortgage Insurance.If Lender required Mortgage <br /> Insurance as a condition of making the Loan and Borrower was required to make separately designated <br /> payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br /> maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br /> requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br /> Lender providing for such termination or until termination is required by Applicable Law.Nothing in this <br /> Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br /> Mortgage Insurance reimburses Lender(or any entity that purchases the Note) for certain losses it may <br /> incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. <br /> Mortgage insurers evaluate their total risk on all such insurance in force from lime to time,and may enter <br /> into agreements with other parties that share or modify their risk,or reduce losses,These agreements are on <br /> terms and conditions that are satisfactory to the mortgage Insurer and the other party(or parties) to these <br /> agreements.These agreements may require the mortgage insurer to make payments using any source of <br /> funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br /> Insurance premiums). <br /> As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other <br /> entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from <br /> (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for <br /> sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an <br /> affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br /> Insurer,the arrangement is often termed"captive reinsurance."Further. <br /> (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br /> Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br /> Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. <br /> (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br /> Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These <br /> rights may include the right to receive certain disclosures,to request and obtain cancellation of <br /> the Mortgage Insurance, to'have the Mortgage Insurance terminated automatically,and/or to <br /> receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br /> cancellation or termination. <br /> 11. Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to <br /> and shall be paid to Lender. <br /> If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the <br /> Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During <br /> such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until <br /> Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's • • <br /> satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs <br /> and restoration in a single disbursement or in a series of progress payments as the work is completed. <br /> Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br /> Miscellaneous Proceeds, Lender shall 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 <br /> be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br /> whether or not then due,with the excess,if any,paid to 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 Miscellaneous Proceeds shall <br /> be applied to the sums secured 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 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 <br /> the amount of the sums secured by this Security Instrument immediately before the partial taking, <br /> destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by <br /> • this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds-multiplied by the <br /> following fraction: (a) the total amount of the sums secured immediately before the partial taking, • <br /> destruction,or loss in value divided by(b) the fair market value of the Property immediately before the ... ,. . . <br /> partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. <br /> NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT(MERS) Form 3028 1101 <br /> MERS Deed of Trust-NE .. ....._ <br /> 2006A-NE(12/11) Page 7 of 12 <br /> • <br />