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<br />200602706 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the fiJregoing, nmy receive (directly or indirectly) amounts that <br />derive Ii-om (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange lilr sharing or lIHldif)ting 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 ((lr a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such llgreemellts will 1I0t lIffect the lImuunts thllt Borrower hlls lIg,'eed tu PllY fur <br />['Iortgage Jnsurance, or lIny other terms of the Loan. Such agreements will not increase the amount <br />Uornlwe,' will owe for Mortgage Insul"llllce, lllld they will nut entitle Borrower to any refund. <br />(b) Any such lIgreements will not affect the rights Borrower hIlS ~ if any ~ with respect to the <br />i\lurtgllge lusumuce under the Homeowners Protection Act of 1998 ur any other law. These rights <br />may include the right to receive cerhlin disclusurcs, to request and obtain cancelllltiun uf the <br />Mortgage Insurance, to hll\'e the Mortgllgc Insurance terminated automllticllII~', and/or to receive a <br />refund of any Mortgage Insurance rn'emiums that were unearned at the time of such cllllcellation or <br />termi na t ion. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lendl.:r. <br />If the Propcrty is dmnaged, such Miscellancous Procccds shall be applied to rcstoration 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. I,ender shall have the right to hold such Miscellancous Proeceds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lendcr's satisfaction, provided that such inspection shall be undertaken prOlnptly. Lender may pay f(lr the <br />repairs and restoration in a single disbursement orin a serics of' progress paymcnts as the work is <br />cOlllpleted. Unless an agreCllu:nt is rnade in writing or Applicable Law requircs intl.:rest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings OIl such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applicd to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided 1(1I' in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the stllns 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 ill value of the Property in which the fair market <br />value of the Property immediately befill'e the partial taking. destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately bef()re the partial <br />taking, destruction. or loss in value, unless Borrower and Lender otherwise agrl.:l.: in writing. the sums <br />sccurcd by this Security Instnllnent shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the j(lllowing fraction: (a) the total alllount of the sums secured immediately bet(ll"C the <br />partial taking. destruction, or loss in value divided by (b) the j~lir lnarket value of the Property <br />immediately bet(ll'C the partial taking. dcstruction, or loss in value. Any balance shall be 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 Propertyimlllediately befi)1'e the partial taking, destructioll. or loss in value is less than the <br />amount of the sums secured immediately bd()re the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the SUlns are then due. <br />I l' 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 settle a claim tl.lr damages. <br />Borrower fails to respond to Lender within 30 days after the date the noticc is given. Lendcr is authorizcd <br />to collcct and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums sceured by this Security Instrtnnent, 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 or action in <br />regard to M iseellancous Proceeds. <br />Borrowcr shall he in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment. could result in j()rfeiture of the Property or other material impainnent of Lendcr's <br />interest in the Propcrty or rights under this Security Instrument. Borrower can cure such a default and, if <br /> <br />Initials: ltluJJ) <br /> <br />0110247846 <br /> <br />G-6(NE) (0401)(11 <br /><v <br /> <br />I-'rlge 9 of 15 <br /> <br />Fonn 3028 1/01 <br />