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<br />4357692426 <br /> <br />RE-RECQRDED <br />200611066 <br /> <br />200610518 <br /> <br />As a result of these agreements, Lendcr, any purchaser of the Note, another insurer, any reinsurer, any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive <br />from (or might be characterizcd as) a portion of Borrower's payments for Mortgage Insurance, in exchange <br />lor sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an <br />affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br />insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage 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 <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any <br />Mortgage Insurance premiums that were unearned at the time of such cancellatiOIl or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or rcpair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, provided that such inspcction shall be undertaken promptly. Lender may pay for thc repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lcnder shall not be required to pay Borrowcr any interest or earnings on such Miscellaneous Proceeds. If thc <br />restoration or repair is not economically feasible or Lender's security would be lesscncd, thc Miscellaneous <br />Proceeds shall bc applicd to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <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 thc fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this <br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the <br />following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, <br />or loss in valuc divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, dcstruction, 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 less than thc <br />amount of the sums secured immediately 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 />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoncd by Borrower, or if, after notice by Lcndcr to Borrower that the Opposing <br />Party (as dermed in the next sentence) otTers to make an award to settle a claim for damages, Borrowcr fails <br />to respond to Lender within 30 days after the date the noticc is given, Lender is authorized to collect and <br />apply the Miscellaneous Proceeds either to restoration or repair ofthe Property or to the sums secured by tllis <br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or thc 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, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lcnder's interest <br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration <br /> <br /> <br />:~::::'I~:ml' ~ provid,d ill S,,~n 19, :. ~a~::g ili, "tin~.~:.~ii ~:~: W~:, a <br /> <br /> <br />(!) <br />