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200502951 <br />DOC ID #: 0009051254203005 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amouutS that derive <br />from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for <br />in the mortgage insurer's risk, or reducing losses. If such agreement provides that an <br />sharing or modifying e for a share of the premiums paid to the <br />affiliate of Lender takes a share of the insurer's risk in exchange <br />insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has ag reed to pay for Mortgage <br />Insurance, or any other terms of the Loan, Such agreements will not increase the amount Borrower will <br />to any refund• <br />owe for Mortgage Insurance, and they will not entitle Borrower p <br />with respect to the <br />(b) Any such agreements will not affect the rights Borrower has - if any - <br />Mortgage Insurance under the certain ne di closures t to request and 9obta nncancellation of the Mortgage <br />include the right to receive certa <br />Insurance, to have the Mortgage insurance �a terminated <br />such cancellation or termination. of any <br />Mortgage Insurance premiums that w <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />If the Property is damaged, <br />Property, if the restoration or repair is eco shall omic lV feasible <br />the right Lender's suchrrMiscellaneous Proceed until <br />repair and restoration period, Lender <br />Lender has had an opportunity to inspect shall be Property to e ken promptly. Lender may pay for <br />restoration Lender's nsure the work has been the repairs <br />satisfaction, provided that such inspection <br />restoration in a single disbursement 1 c ble Law requiresginterest o be paid on such Miscellaneous Proceeds, <br />agreement is made in writing or App <br />Lender shall not be required to pay Borrower any security would be lessened, Miscellaneous <br />the Miscellaneous <br />restoration or repair is not economically feasible or s n due Proceeds shall be applied to the sums secured <br />MInstrument, e appliedhin er or thenorderepro ided for �n <br />excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if <br />any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market va ue to or greater than <br />of the Property immediately before the partial taking, nst�ent immed> rely before the partial letaking> destruction, <br />the amount of the sums secured by this S Y <br />or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured ob by Security c <br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied destruction, g <br />(a) the total amount of the sums secured Property ediateiy before <br />immediately before the partial taking, destruction, r loss <br />divided by (b) the fair market value oft <br />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 <br />of the Property immediately before the tpe tiallak egging sd stbnoiction orslass inuvalueeSUnless Borrower and <br />the sums secured immediately before partial <br />Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this <br />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 Opposing <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, m <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest <br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration <br />has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for <br />damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and <br />shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or .repair of the Property shall be applied in <br />the order provided for in Section 2. <br />earance By Lender Not a Waiver, Extension of the time for <br />12. Borrower Not Released; Forb <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of <br />Initial. <br />C&4,—mm 3028 1/01 <br />(M 6A(NE) (0005).01 CHL (01/01) Page 7 of 11 <br />