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200213408 <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that arc satisfactory to the mortgage insurer and the other parry (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />.,captive reinsurance." further: <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 />flat Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage <br />Insurance under the Homeowners Protection Actor 1998 or any other law. These rights may include the right <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums <br />that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; forfeiture. All Miscellaneous Proceeds me hereby assigned to <br />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 repair <br />and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall bcundertakenpmniptly. Under may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Li less an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any <br />interest or cernings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />be applied in the order provided for in Suction 2. <br />In the event of a total taking, destruction, or loss in value of the 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 the 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 reduced <br />by the amount of the Miscellaneous Procccds nudtiplicd by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property immediately before the partial taking, destruction, or loss 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 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 tmmediately 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 whether <br />or not the suns are then due. <br />If the Property is atoandoncd by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) offers to make an award to seine a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property, or to the sums secured by this Security Instrument, whether <br />NEBRASKA Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT - MESS OoeMagl eeu v+s -uez <br />Fenn 3028 1/01 Page 8 of 13 www.docmagin col <br />saveasmm <br />