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200105157
<br />As a result of these agreements,Lender, any purchaserof the Note, anotherinsurer, any reinsurer,
<br />any otherentity, or any affiliateof any of the foregoing,may receive(directlyor indirectly)amountsthat
<br />derive from (or might be characterizedas) a portion of Borrower'spaymentsfor Mortgage Insurance,in
<br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
<br />premiums paid to the 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
<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
<br />may include the right to receive certain disclosures, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
<br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
<br />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 Propertyis damaged,such MiscellaneousProceedsshall be appliedto restorationor repairof
<br />the Property, if the restorationor repair is economicallyfeasible and Lender's security is not lessened.
<br />Duringsuch repairand restorationperiod, Lendershall have the right to hold such MiscellaneousProceeds
<br />until Lender has had an opportunityto inspect such Property to ensure the work has been completedto
<br />Lender 'ssatisfaction,providedthat such inspectionshall be undertakenpromptly. Lendermay pay for the
<br />repairs and restorationin a single disbursementor in a series of progress payments as the work is
<br />completed.Unlessan agreementis madein writing or ApplicableLaw requiresinterestto be paid on such
<br />MiscellaneousProceeds, Lender shall not be requiredto pay Borrower any interest or earnings on such
<br />MiscellaneousProceeds. If the restorationor repairis not economicallyfeasibleor Lender'ssecuritywould
<br />be lessened,the MiscellaneousProceedsshall be appliedto the sums securedby this Security instrument,
<br />whetheror not then due, with the excess, if any, paid to Borrower. Such MiscellaneousProceedsshall 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
<br />Proceedsshall be appliedto the sums securedby this Security lnstrument,whetheror not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the eventof a partialtaking, destruction,or loss in value of the Propertyin which the fair market
<br />value of the Property immediatelybefore the partial taking, destruction,or loss in value is equal to or
<br />greaterthan the amountof the sums securedby this Security Instrumentimmediatelybefore the partial
<br />taking, destruction,or loss in value, unless Borrowerand Lender otherwise agree in writing, the sums
<br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br />multiplied by the following fraction: (a) the total amount of the sums secured immediatelybefore the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
<br />immediately before the partial taking, destruction, 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 the Propertyin which the fair market
<br />value of the Property immediatelybefore the partial taking, destruction,or loss in value is less than the
<br />amountof the sums secured immediatelybefore the partial taking, destruction,or loss in value, unless
<br />Borrowerand Lenderotherwiseagreein writing, the MiscellaneousProceedsshall be appliedto the sums
<br />secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandonedby Borrower, or if, after notice by Lender to Borrower that the
<br />Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages,
<br />Borrowerfails to respondto Lenderwithin 30 days afterthedatethe noticeis given, Lenderis authorized
<br />to collect and apply the MiscellaneousProceedseither to restorationor repair of the Property or to the
<br />sums securedby this Securitylnstrumentwhetheror not thendue. "OpposingParty" meansthe thirdparty
<br />that owes BorrowerMiscellaneousProceedsor the party against whom Borrowerhas a right of action in
<br />regard to Miscellaneous Proceeds.
<br />Borrowershall be in defaultif any action or proceeding,whethercivil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiture of the Property or other material impairmentof Lender's
<br />interestin the Propertyor rights under this Security Instrument.Borrowercan cure such a defaultand, if
<br />accelerationhas occurred,reinstateas providedin Section 19, by causing the action or proceedingto be
<br />Initial .
<br />�® 6A(NE) 100051 Page 9 of 15 Form 3028 1/01
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