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200207111 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any refractor, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might he characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying 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 nod affect the amounts that Burrower has agreed to pay for <br />Mortgage lnsm'once, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will one for Mortgage Insurance, and they will not entitle Burrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower his - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or env other law. Those rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, In have the Mortgage insurance terminated automatically, and/or to receive a <br />refund or any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment or Miscellaneous Prneeeda; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender_ <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, It the restoration or repair is economically feasible and Undei s security is not lessened. <br />Don ing such repair and restoration petiod, Leader shall have We right to hold such Miscellaneous Proceeds <br />until Lender has had an 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 agreement is made in writing or Applicable Law requires interest to be paid or such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or 'rings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lenders security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with Ilse excess, if acv, paid to Borrower. Such Miscellaneous Proceeds shall he <br />applied in the order provided for in Section 2. - <br />In the cereal of a total taking, abstraction, in loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sees secured by this Security Instrument, whether or not then due, with <br />the excess, if any, prod to tlorrower. <br />In the event of a partial taking, deslmcfion, or loss in value of the Property in which the fair market <br />value of the Property inmlediately before the prided taking, deSmnttiotl, or loss in value is equal to or <br />greater than the amount of the autos secured by this Security Ideational inuaediatedy before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Poseeeds <br />muloplied by the following trachea (a) the total amount of the sums cured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately <br />before the partial taking, destruction, or lass 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 <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums warned immediately before the partial taking, destructing or loss in value, unless <br />Borrowcr and lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the snots <br />s urea by this Security Inslment whether or not the suns are then due. <br />w mIf the Property is abandoned by Borrower, or it, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make air award to settle a claim for damages, <br />Borrower fails to respond to Leader within 30 days after fire date the notice is given, Lender is authorized <br />to willed and apply the Miscellaneous Proceeds either to restoration or repair of We Property or to the <br />sums scanned by this Security Instrument, whether or not then due "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or die party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Undei s judgment, could result in forfeiture of Ilse Property or other material impairment of Lender's <br />interest in the Property or rights Under this Security hvstmment. Borrower can cure such a default and, if <br />�6GINEI mrom sees on, lossiv � Fahm3028 1101 <br />