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2001006.6 771- 783474 -0 <br />021 - 7834740 <br />make payments using any source of funds that the mortgage insurer may have available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any <br />reinsurer, any other entity, or affiliate of any of the foregoing, may receive (directly or indirectly) <br />amounts that derive from (or might be characterized as) a portion of Borrower's payments for <br />Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing <br />losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in <br />exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive <br />reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay <br />for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the <br />amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any <br />refund. <br />(b) Any such agreements will not affect the rights Borrower has — if any — with respect <br />to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. <br />These rights may include the right to receive certain disclosures, to request and obtain <br />cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and /or to receive a refund of tiny Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are <br />hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or <br />repair of the Property, if the restoration or repair is economically feasible and Lender's security is not <br />lessened. Durmi g such repair and restoration period, Lender shall have the right to hold such <br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the <br />work has been completed to Lender's satisfaction, provided that such inspection shalt be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />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 <br />economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if <br />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 Property, the Miscellaneous <br />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. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />equal to or greater- than the amount of the sums secured by this Security Instrument immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in <br />writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured <br />immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value <br />of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall <br />be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is less <br />than the amount of the sums secured immediately before the partial taking, destruction, or loss in <br />Ap <br />wt. �-- LWit Inik I Wt rn& <br />NEBRASKA— single Family -- Fannie MAe/Fire"t Mac UNIFORM INSTRUMENT <br />Form 3o2s l /oi (page 9 of /S pager) Doc M (11 -9 -2000) FPS K1469 <br />