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200213110 <br />'PE- RECORDED <br />200214698 <br />risk, or reducing losses. If such agreetneut provides that an affiliate 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 tonned "captive reinsurance." Fortner: <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 />(b) 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 />reeeelve certain disclosures, in 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 Prx:cols are hereby assigned to and shall <br />be paid to Lender. <br />If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Leader's sounity is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to ensme the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is imile in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not he required to pay Borrower any interest or earnings 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 the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, 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 Bomower. <br />In the event 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 equal to or greater than die ammat of the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums seemed by this Security Instrument shall be reduced by the amount of the <br />Miset4huieous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured inonediately before the <br />partial taking, destruction, or loss in value divided by (b) the fah' market value of the Property immediately before the partial <br />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 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, mlcss Borrower and Leader otherwise agree in writing, <br />the Miseellamwus Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc <br />then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thus 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 the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceeds either to <br />restoration or repair of the Property or to the sums seemed by this Security Instrument, whether or not then due. "Opposing <br />Party" means the third party that owes Borrower Miscellaneous Proceeds in the party against whom Borrower has it right of <br />action in regard to Miscellan sous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is began that, in Lender's judgment, <br />.old result in forfeiture of the Properly or other material impertinent of Lenders interest in the Property or rights under this <br />Security Instrument. Borrower can cure such a default and, if accelemtim has occurred, reinstate as provided in Section 19, <br />by causing the action or proceeding to he dismissed with a ruling tat, in Lender's judgment, precludes forfeiture of the <br />Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12. Burrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br />Successor in Interestpt Bo4oler shall not operate to release the liability of Borrower or any Successors in Interest of <br />NRRRASKA— Single Family —Fanak Mia F,r die Mac UPRFORM RiSTRU MT - Form 30281/01 <br />aarF=a <br />ITEMAIB17(c01n (Page7Ofllpagli) To 0Ne, 0111'. 1 NO 5W W90 r ea'. 615]91 -1161 <br />