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r*3m n A gym, <br />200407890 <br />payments as a non- refundable loss reserve in lieu of Mortgage insmmiee. Such loss reserve shall be run- refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earnings on such loss reserve. Lender can no Innger require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to matte separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />the premiums required to maintain Mortgage insurance in effect, or to provide a non - refundable loss reserve, until <br />Lender's regnitemwu for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage lmmnwxe reimburses Lender (or any entity that purchases the Note) for certain losses it may incur <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. Thane agreements are on terms and <br />conditions (bat are satisfactory to the mortgage insurer and the uther puny (or parties) to these agreements, These <br />agreements may require the mortgage insurer to snake payments using any source of funds that the mortgage insurer <br />may 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 reinsuter, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirmfly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insw•amce, or any other terms or the Loan. Such agreements will not increase the amount Borrower will owe <br />for Mortgage Insurance, and diey will not eudde Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has • If any - with respuxt to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and /or to receive a round of any Mortgage hwurance premiums <br />that were unearned at the dine of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds sl llbe applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Uniess an agreement is made in writing or Applicable <br />law requires interest to be paid on such Miscellaneous Procoods, Lender shall not he required to pay Borrower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />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 Prcq -& ty, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security instrument, whether or mot then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destrttuimt, or loss in value of the Pnrperty in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument inrunediately before the partial taking, destruction, or loss in value, <br />unless Borrower and lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following frad:tion: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property 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 <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the stuns secured by this Security Instrument whether <br />or mot the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the stuns secured by this Security Instrument, whether <br />or not then due. "Opposing Party" means the third parry that owes Borrower Miscellaneous Nroc:cccis or the party <br />against whom. Borrower has a right of action in regard to Miscellaneous Proceeds. <br />NEBRASKA-- Sa,gle Fmnav-- Femnie Mee /Freddia Ma: UNIFORM INSTRUMENT - MFRS DodNyia4eftw� OOO44& x862 <br />Form 3028 1101 Page 6 of 10 www.dovmagk.com <br />111111111111i1110H III INNIN 1111111A11111111111111IIIIA1111Il <br />#- 9 <br />