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200304601 <br />risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange <br />for a share of the premiums paid to the insruer, the arrangement is often terminal "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 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 Protedlon 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 nr 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 Lender's seemity is not lessened. During such repair and restoration period, <br />Lender shall have die right to hold such Miscellaneous Proceeds rmlil Lender has had an opportunity to inspect such Property <br />to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. <br />Leader may pay tot the repairs and restoration in n single disbursement or in a series of progress payments as the work is <br />completed. Unless m agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not he required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, die 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 he 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 ibis 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 irrwediately before the partial taking, destruction, or loss in value is equal in of greater than the amount of 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 scans secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) die total amount of the alms 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 bounce shall be paid to Borrower. <br />In the even of a partial taking, destruction, or loss in value of the Property in which die 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 kiss in value, artless Borrower and Lender otherwise agree in writing, <br />the Miseellaneous Proceeds shall be applied to the arms secured by this Security instrument whether or not the suns are <br />then due. <br />If the Property is abandoned by Burrower, or if, after notice by Lender to Borrower that the Opposing Patty (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 fire notice is given, Leader 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 them due. "Opposing <br />Party" means the third party that owes Borrower Miscellaneous Pmcccds or die party against whom Borrower lima right of <br />action in regard n) Miscellaneous Proceeds. <br />Borrower shall be in default if wry action or proceeding, whether civil or criminal, is began that, in Lender's judgment, <br />could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights order 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 prucceding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the <br />Property or other material impairment of Lender's interest in the Property or rights wider this Security Instrument, The <br />proceeds of my award or claim for damages that are attributable to the impairment of Lender's interest in the Property we <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. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the suns seemed by this Security Instrument granted by Leader to Borrower or any <br />Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in interest of <br />NEURASKA-- SingIc Family— Fvunle MoN eeddie Mae UNIFORM INSTRUMENT Fnrm]028 IAN <br />unEnTlSu <br />ITEM 1918L7 (0011) (F."7 111 PnBeJf io Owe, rJi, 00 oic993, F-616791 -1131 <br />