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200306652 <br />risk, or reducing losses. If such agreement provides that an a] filiam of Lender takes a share of the insurer's risk in exchange <br />for a share of the premiums paid to the insurer, the arrangement is often tenned "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 />(h) Any such agreements will not affect the rights Borrower has—If any —with 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 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 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 Properly is dmuaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible end Lender's security is not lessened. During such repair mid restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Leader 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 />Lender may pay fen the repairs and restoratiou in a single disbursement or in a series of progress payments as the work is <br />completed. Unless all 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 er crunings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to [lie suutS secured by this Security instrument, whether or net then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds Shall be applied in the order provided for in Sartiun 2. <br />fn the event of a total taking, destructimy 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 />fn the event of a partial taking, destruction, or loss in value of the Properly in which the fair market value of the <br />Property iuuuediatedy before the partial taking, destruction, or loss in value IS equal to or greater than the amount of the sums <br />secured by this Security Instrument inuuediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the south secured by this Security Inatnmicnt Shall be reduced by the amount of the <br />Misccllanc+mh Proceeds multiplied by the following 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 />[n We elect 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 Pmeeeds shall be applied to [lie sums secured by this Security Instrument whether or not the scroll me <br />then due. <br />If the Properly is abandoned by Borrower, or if, after notice by Lender to Burrower 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 thc notice is given, Lender is authorb,ed to collcet and apply the Miscellaneous Proceeds either to <br />restoration or repair of the Properly or to One suers secured by this Security Instrument, whether or not then due. "Opposing <br />Party" utcaus the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of <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 Lender's judgment, <br />could result in forfeiture of the Property or other matcrinl impairment of Lender's interest in the Property or rights tinder this <br />Security Instrument. Borrower call cure such a default and, if acccicratiou hah occurred, reinstate as provided it) Section 19, <br />by causing the action or proceeding to be dismissed with a riding that, in Lender's judgment, precludes forfeiture of the <br />Property or other material impairment of hander's interest in the Property or rights under this Security Instrument. The <br />proceeds of any award ar claim for damages that are attributable to the impaimtenl of Leader's interest in the Property arc <br />hereby assigned and shall be paid to Louder. <br />All Miscdlaueuus Proceeds that are not applied to restoration or repair of the Property shall he applied in the order <br />ptnvided for in Sccnou 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 Su.na secured by this Seemly 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 />NEBRASKA —Sie9k Family —F'ai me Mue/Freddie Mac UNIFORM INSTRUMENT Form M29 lla1 <br />onEnnnao. <br />ITEM 1915V(DOl1) (P,t,t, 7,f l II Lql,') ToD,tlxi Cell l AOD 530 old G lac. Ile Ill 1131 <br />