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202300892 <br />mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which <br />may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, another insurer, any reinsurer, any other entity, or any affiliate of any of <br />the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of <br />Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or <br />reducing losses. Any such agreements will not: (i) affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan; (ii) increase the amount Borrower will owe for Mortgage Insurance; (iii) <br />entitle Borrower to any refund; or (iv) affect the rights Borrower has, if any, with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 (12 U.S.C. § 4901 et seq.), as it may be amended from time to time, or <br />any additional or successor federal legislation or regulation that governs the same subject matter ("HPA"). These <br />rights under the HPA 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 refund of any <br />Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. <br />12. Assignment and Application of Miscellaneous Proceeds; Forfeiture. <br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive all <br />Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to Lender. <br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property is damaged, any <br />Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender deems the restoration or <br />repair to be economically feasible and Lender's security will not be lessened by such restoration or repair. During such <br />repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction (which may include <br />satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, <br />licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. Lender may <br />pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower <br />is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or <br />restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or Applicable Law <br />requires interest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay Borrower any interest <br />or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair not to be economically feasible <br />or Lender's security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b). <br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the <br />Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds <br />will 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 (each, a "Partial Devaluation") where <br />the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the <br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument unless Borrower and Lender <br />otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is determined by <br />multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of <br />the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the <br />Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to <br />Borrower. <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 <br />Page 11of18 r/+ <br />IDS, Inc. - 93193 Borrower(s) Initials <br />