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201307835 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any <br />other 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 sharing or <br />modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender <br />takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is <br />often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage 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 rights may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, <br />to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage <br />Insurance premiums that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to 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 such <br />repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had <br />an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided <br />that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing <br />or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay <br />Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />Proceeds shall be 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, 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 <br />of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Instrument immediately' before the partial taking, destruction, or loss in <br />value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be <br />reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of <br />the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid <br />to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value <br />of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1 /01 <br />Page 9 of 16 <br />Initials:, yf <br />