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200301073 <br />Asa result of these agreements,Lender, any purcbaserof the Note, anotherinsureq any reinsurer,any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive <br />from (or might be characterizedas) a portion of Borrower's payments for Mortgage Insurance, in exchange <br />for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreementprovides that an <br />affiliate of Lender takes a sbare of the insurei s risk in exchange for a share of the premiums paid to the <br />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 1"S or any other law. These rights may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated automatically, and /orto receive a refund of any <br />Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds we hereby <br />assigned to and shall be paid to Lender. <br />If the Propertyis damaged,such MiscellaneousProceedssball be applied to restorationor repairer the <br />Property, if the restorationor repair is economically feasible and Lender's security is not lessened. During <br />such repair and restorationperiod, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunityto inspect such Property to ensure the work bas been completedto Lender's <br />satisfaction, provided that such inspection shall be undertakenpromptly. Lender may pay for the repairs and <br />restorationon a single disbursementor in a series of progress payments as the work is completed.Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. If the restorationor repairis not economically feasible or Lender's security would be lessened, the <br />MiscellaneousProceedsshall be applied to the sums securedby this Security Instrumentwhether or not then <br />due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order <br />provided for in Section 2. <br />In the event of a total taking, destruction,or loss in value of the Property, the MiscellaneousProceeds <br />shall be applied to the sums securedby this Security Instrument,whether or not then due, with the excess, if <br />any, paid to Borrower. <br />In the event of a partial taking, destruction,or loss in value of the Property in which the fair market <br />value of the Propertyimmediatelybeforethe partialtaking, destruction,or loss in value is equalto or greater <br />than the amount of the sums secured by this Security Instromentimmediately before the partial taking, <br />destruction,or loss in value, unless Borrowerand Lenderotherwiseagreein writing, the sums securedby this <br />Security Instrument sball be reduced by the amount of the Miscellaneous Proceeds multiplied by the <br />following fraction: (a) the totalamountof the sums securedimmediatelybefore thepartialtaking, destruction, <br />or loss in value divided by (b) the fair market value of the Property immediatelybefore the partial taking, <br />destruction, or loss in value. An 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 <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums we then due. <br />If the Propertyis abandonedby Borrower, or if, after notice by Lender to Borrower that the Opposing <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages,Borrowerfails <br />to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and <br />apply the MisceilaneousProceedseitherto restorationor repair of the Property or to the sums securedby this <br />Security Instrument,whether or not then due. "Opposing Party' means the third party that owes Borrower <br />MiscellaneoruProceedsor the party againstwhom Borrowerhans a right of actionin regardto Miscellaneous <br />Proceeds. <br />Borrower sball be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender'sjudgment,could resultin forfeitureof the Properlyor othermaterlalimpairmentof Lender's interest <br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />DOC #:317609 APPL #:8010075391 S *Y ,< roan #:8010075391 <br />c <br />® -6(NE) ryoo� Pes.eais � Form 3028 t /O/ <br />