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<br />200700673 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) <br />a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or <br />reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share <br />of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br /> <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any <br />other terms ofthe Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they <br />will not entitle Borrower to any refund. <br /> <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, <br />to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, <br />and/or to receive a 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 hereby assigned to and shall be <br />paid to Lender. <br /> <br />If the Property 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 Lender's security 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 <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is 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 Miscellaneous <br />Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br /> <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 Borrower. <br /> <br />In the event of a partial taking, destruction, or loss in value of the Propcrty in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured <br />by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous <br />Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value 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 /> <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then <br />due. <br /> <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in <br />the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days <br />after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or <br />repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means <br />the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard <br />to Miscellaneous Proceeds. <br /> <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, <br />could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this <br />Security Instrument. <br /> <br />InIU'Is:~ <br /> <br />_ ~A(NE) (0407).01 <br />@ <br />DDS-NET <br /> <br />Pogo 9 0115 <br /> <br />oJ- <br /> <br />Form 3028 1101 <br />