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200306834 <br />might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or <br />modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender <br />takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is <br />often termed "captive reinsurance.' printer'. <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe <br />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 may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, <br />to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage <br />Insurance premiums that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned <br />to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such <br />repair and restoration period, Lender shal I have the right to hold such Miscellaneous Proceeds until Lender has had <br />an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided <br />that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing <br />or Applicable Law requires interest to he paid on such Miscellaneous Proceeds, Lender shall not be required to pay <br />Burrower any interest or earnings on such Miscellaneous Proceeds. If due restoration or repair is not economically <br />fessihle or Lender's security would he lessened, the Miscellaneous Proceeds shall be applied to the sums secured by <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />Proceeds shall beapplied in the orderprovided form Section 2. <br />In the event of a total taking, destruction, or loss in value fthe Property, the Miscellaneous Proceeds shall <br />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of fl e Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or, loss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be <br />reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of <br />the sums sccored immediately before the partial taking destruction, or loss in value divided by (b) the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid <br />to Borrower. <br />In the event of s partial taking, destruction, or loss in value ofthe Properly in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument <br />whether or not the sums are then due. <br />If the Properly is abandoned by Borrower, or if, after notice by I coder to Borrower that the Opposing Parry <br />(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the suns secured by this Security Instrument, whether or <br />not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom Borrower bas a right of 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 <br />Lender's judgement, could result in forfeiture of the Property or other material impairment of Lender's interest in <br />the Properly or rights under this Security Instrument Borrower can cure such a default and, if acceleration bus <br />occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling than, <br />in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the <br />NEBRASKA – Single F- 1 ...'mnie MneFraidie Mat UNIFORM ]Is. ICUMENT <br />WIOnVM�- Fo—h028 tn 9w,e8of13jaiii <br />]I11Wliien BOm,Wer lmliil511/W 8JW <br />p -Ia rirwl <br />VBL a <br />