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<br />200602921 <br /> <br />As a result of these agreements, Lender. any purchaser of the Note, another insurer, any reinsurer. <br />any other entity, or any affiliatc of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might he characterized 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, 1 f such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange f<ll' 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 tlwt Borrower has agreed to pay for <br />Mortgage InsUI'ance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, ~lUd they will not entitle Borrower to any refund. <br />(h) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />;\lortgage Insurance under the l-IomeownersProtection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortg~lge 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 time of such cancellation or <br />termination. <br /> <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herehy <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to 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 to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender'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 Law requires interest 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 economically feasible or Lcnder' s security would <br />be lessened, the Miscellaneous Procceds shall be applied 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 for 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 sums secured by this Security Instrument, whether or not thl:n due, with <br />the eXCl:SS, if 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 <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 the sums securl:d by this Security Instrument immediately bcfore tbl: partial <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 Miseellanl:ous Proceeds <br />multiplil:d by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance sball be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which thl: bir market <br />value of thl: Property immediately bcf<lre the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured imml:diately before 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 />sl:eured by this Security Instrument whether or not the sums arc then due. <br />If the Property is abandoned hy Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as ddined in the next st:ntence) offers to make an award to sdtle 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 colkct and apply thl: 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" lneans tbe third party <br />that OWl:S Borrower Miscdlaneolls Procl:l:ds or the party against whom Borrowt:r has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrowl:r shall be in dd~lUlt if any action or pnlcel:ding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interl:st in the Property or rights untkr this Security Instrument. Borrower can cure such a default and. if <br /> <br />Page 9 of 1 5 <br /> <br />Initials: ~,?; <br /> <br />~ <br /> <br />0110247901 <br /> <br />.-6(NE) (0401).01 <br />@ <br /> <br />Fonn 3028 1/01 <br />