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200302192 <br />risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurers risk in exchange <br />for a share of the 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 Mortgage Insurance, <br />or any other terms of the Loa. Such agreements will not increase the amount Bonnwer will owe for Mortgage <br />Insurance, and they will not entitle Borrower to any refund. <br />(III such agreements will not affect the rights Borrower hasif anywith 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 cermiP disclosures, to request and obtain cancellation of the Mortgage Insurance, m have the Mortgage <br />Insurance terminated automatically, and /or m receive a refund of any Mortgage Insurance premiums that were <br />nneamed at The time of such cancellation or termination. <br />11.Assignment of Miscellaneous Proceeds; Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall <br />be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lenders security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an 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 Proceeds. If the <br />restoration or repair is not economically feasible or Lenders security would be lessened, 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 Borrower. <br />Such Miscellaneous Proceeds shall 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 Property, the Miscellaneous Proceeds shall be applied to <br />the sums secured by this Security Instrument, whether or not then due, with the excess, if 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 value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount oC the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the Collowing fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial <br />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 writing, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are <br />then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined <br />in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 <br />days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to <br />restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Opposing <br />Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right or <br />action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenders judgment, <br />could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this <br />Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, <br />by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the <br />Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lenders interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12.11Orrower Not Released; Forbearance By [ender Not a Waver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any <br />Successes in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br />N'FRR,%S" Single Family Fanrve MaeJaeddie Mar UNIFTIRM INSTRUNHISI' Fn. Sm8 1/al <br />GREAW <br />ITEM 1916V(Mll) (Page )nf II ilagea) To0mel CBlr IIW69i9lellm: 61e-191 -1191 <br />C61110 MaRpBOB PBaM1Ey NUt0018IBtl MO/Ipe0e Ta0nolo9ics <br />