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nM <br />200210141 <br />As a result of these agreements, Fender, any purehasc7 Of the Note, another insurer, any retmurer, <br />any Other entity, or any affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that <br />derive from (or might be chartumind 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 agreenheut <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 />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and They will not entitle Burrower to any refund. <br />(b) Any Earth agreements will not affect the nights Borrower has - if any - with respect to the <br />Mortgage Insurance under the 1[Omeowners Protection Act of 1998 or any other law. Tlicse rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of tine <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the lime of such cancellation or <br />termination. <br />11. Assignment of MiseeBancons Proceeds; Forfeiture. All Miscellammus Pmecedn are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscetaneroas Proceed. shall be applied In restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the right a( hold such Mii cellancmus Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Leader'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 I�aw requires inlercst to be paid On such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not ecvnutnically feasible or 1,cnder's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the soots secured by this Security Instmmetu, <br />whether or not them due, with the excess, if any, paid to Borrower. Such Miscellaneous Pmes:ds shall he <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destruction. or loss in value of due Property, the Miscellmhcous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In The event of a partial taking, destruction, or loss in value or the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of die sums secured by this Security Instrument immediately before the phial <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 Proceeds <br />multiplied by the following fraction: (a) the total amount of the stuns secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Properly inunediarely <br />before the partial taking, destnsction, or loss in value. Any balance shall be paid in Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which die 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 secured immediately before the Partial taking, destruction, or loss in value, mdess <br />Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to scale a claim for damages. <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by This Security Instrument, whether or not then due. "Opposing Party" means the third party <br />That owes Borrower Miscellaneous Proceeds or the 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 />Leader's judgment, could result in forfeiture of the Property or Other material impairment rf L.endcr's <br />interest in the Property or rights under this Security Instrument. Borrower can emro such a default and, if <br />®®BINEI (9005) r�ao 9 re. (a " \ Form 3028 llel <br />9££d 9£S ZOb ON Xdd DIN 3WOH 09dd S113M Wd 6£:90 f1HL MR- 6I -d3S <br />el <br />