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<br />200702312 <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 foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgast: Insurance, in <br />exchange fOr sharing or modit)ring the mortsagt: 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 for a share of the <br />premiUDl6 paid to the insurer, the arrangement is often tenned "captive reinsurance.'I Further: <br />(a) Any such agreements win not atfect the amaUDt5 that Borrower bas 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 Dot entitle Borrower to any refund. <br />(b) Any such agreementli will not affect the rights Borrower haS .. if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act ot' 1998 or any other Jaw. These rights <br />may include the right to receiv~ certain disdosure$, to request and obtain cancellation of the <br />Mortgage Insurance, to have the MortJ:age Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment (If M:i:!lccllaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hert:by <br />assigned to and shall be paid to Lender. <br />If [be Property is damaged, such Miscellaneous Prrn:eeds shan be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />Durins such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Len4er has had an oppottUniry to inspect such Property to ensure the work has beed completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly - Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed.. Unless an agreement is made in writing or Applicable Law requires interest to be paid on sucb <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair 1s not economically feasible or Lender's ~urity would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument. <br />whether or not then due, with the t:llcess. if any. paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In tht: event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instnlment. whether or not then due, with <br />the ex.cO$s, if any, paid to Borrower. <br />.In tbe event of a partial takins, destruction, or loss in vallie of the Property in which the fair market <br />value of the Property immediately before the partial taking, de&[tUction, or loss in value is equal to Or <br />greater than the amount of the sums secured by th.is Security Instrument immediately before the partial <br />taking, destrUction, or loss in value, unless BorrOWer and Lender otherwise agree in writing, the sums <br />secured by this Security Instrum(,.'llt Mall be reduced by the amount of the Miscellaneous Procee4ts <br />multiplied by lhe following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divi(fe4 by (b) the fair market value of the Property immediately <br />before the partial taking, destruction, or loss in value. Any balance shall be paic1 to Borrower. <br />In the event of a partial taking. destruction, or 10s:5 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 the <br />amount of the sums secured innnediately before the partial I:aldng. destTUCtion. OT loss in value, unless <br />Borrower and Lern:let otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the SU1'11S <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower. or if, after notice by Lent1er to Borrower that the <br />OppOsing Party (as defined in the next sentence) offers to make an award to settle 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 collect and apply the 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" meanS tbe third party <br />that owets Borrower Miscellaneous Proceeds or the party asainst wholn Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding. wl1ether civil or criminal, is begun that, in <br />Lender's judgment, could re$uH in forfeiture of the Property or oth6r material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. llorrower can cure such a default and, if <br /> <br />1',(:- <br />InilIAlo:L:1 ~ <S <br /> <br />~.6INE) (00061 <br /> <br />P9g~ 9 at 15 <br /> <br />FDrm 3028 1/01 <br />