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200305727 <br />As a recap of these aerccments, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may rectave (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or naodblf rte. the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />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 <br />Mortilage lusurance, m any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will uwc 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 1998 or any other law. These rights <br />may include the right to reeNe certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to Imve the Mortgage Insurance terminated automatically, and /or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />II. Assignn.cut .I Xliscellanwns Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned m :red sh:dl he paid to Lender. <br />If the property is dunlaued, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, it the restoration or repair is ccummuically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the rightto hold such Miscellaneous Proceeds <br />until Lendcr hoe had ao opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration In a single disbursement or in a series of progress payments as the work is <br />completed_ Unless an agrccmcm k made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneoo< Proceeds_ f the rest... atioa or repair is not economically feasible or Lender's security would <br />be lessened. the Mlscellancom Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, ai h the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order pro idcd for in Section 2. <br />In the avcut of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums treated by this Security Instrument, whether or not then due, with <br />the excess, itan%, paid to Borrower. <br />In the cecnt of a partial toking, destruction, or loss in value of the Property in which the fair market <br />value of the 1), operp immcdI are ly before the partial raking, destruction, or loss in value is equal to or <br />greater than the umorml of the Amos secured by this Security Instrument immediately before the partial <br />taking, desuruction_ or lost in value, unless Borrower and Lender nthcrwise agree in writing, the sums <br />sccurcd by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the followire friction: (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 <br />immediately before the p:utiol taking, destruction, or loss' iu value. Any balance shall beyaid to Borrower. <br />In the event of a partial taking. destruction, or loss in value ofthe Property in which the fair market <br />value of the Propcnv immcdlatcly before the partial taking. destruction, or loss in value is less than the <br />amount of the ,ems secured immediately before the partial taking destruction, or loss in value, unless <br />Runnier and Lender othentlse agree in venting, the Miscellaneous Proceeds shall be applied to the sums <br />secured by thin Secants InvnuncnI h,d., or not the soul flie then due. <br />If the Property 3 abandoned by Borrower, or if, lber notice by Lender to Borrower that the <br />Opposing Part} (as defined in the next sentence) offers to stake an award to settle a claim for damages, <br />Borrower fails to respond m I ender within 30 days aticr the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properly or to the <br />sums secured by this Securitc I..stn.ment, whether or not then due. "Opposing Party" means the third party <br />that owes Bo, rlcVIl .M[See]lanoous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miseelluncous Proceeds. <br />Borrower shall be in 1et6ult if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgnlatL could tcsolt in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property of rbahts under this Sccuity Instrument. Borrower can cure such a default and, if <br />acceleration Ims occurred. einstate as provided in Section 19, by causing the action or proceeding to be <br />03 -02- 000094 <br />me�m. <br />— aAfNEI ��mos..,, r "u,s ai �s corm 3038 1101 <br />6 <br />