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1 <br />20180'015 <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may <br />have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity, or <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage <br />insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk <br />in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." <br />Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, <br />or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage <br />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 Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and/or to receive a refund of any 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 hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration 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 Miscellaneous Proceeds until Lender has had an opportunity to inspect <br />such Property to ensure the work has been completed 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 any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible 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 Property, the Miscellaneous Proceeds shall be <br />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 of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the <br />sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the <br />amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured <br />immediately before the 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 Property in which the fair market value of the <br />Property 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 />writing, 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 Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next 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 authorized to collect and apply the Miscellaneous Proceeds <br />either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 1/01 <br />Page 8 of 13 <br />IDS, Inc. - 30227 <br />OVENEE110 <br />Borrower(s) Initials IC ( U <br />