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<br /> <br />200705511 <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 (directlyorindirectly) amounts that <br />derive from (or might becharatterized as) a portion of Borrower'spaymehtsforMortgagelnsurance, in <br />exchange for sharing or modifying the IIiortgage insurer's risk, or reducing losses.. If such agreement <br />provides that an affiliate of Lender takes a sha:re of the insurer's risk in exchange fora share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance. "FUrther: <br />(a) Ahy 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 InsiItElnCe, aod ther willnoteIitltle Borrower to anyreftmd. '. '.' <br />(b) Any such agreements will not affect the nghts Borrower has "jfany .. with respect to the <br />Mortgage Insurance under the Homeo#ners Protection Act of 1995' or any other law. These rights <br />may. include the right to receive certain disclosures, '.' to requestandobtaiucaocellationofthe <br />Mortgage Insurance,to have the Mortgage Insurance terminated automatically , and/or to receive a <br />refund of any Mortgage Insurance premiums that Were unearned atthetinie OfSllchcanceIlatlon or <br />termination. <br />11. Assignment of MisceIlaneousProceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and Shall be paid to Lender. <br />IftheProperty is darnaged, 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 Lawrequiresinterest 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 repairis not economically feasible or Lender's security 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 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 lnstrument,whether or net then due, with <br />the eXcess, if any, paid toBorrower. <br />In the event ofa 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 secured by this Security InstruIIient 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 Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied 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. vallie Of the Property <br />immediately before the partial taking, destruction, or loss in value.. Any balance shall be paid to Borrower. <br />In the event ofapartial taking, destruction, or loss in value of the Property in WhICh the fair market <br />value of the Property immediately before the partialtaking, destruction; or Ioss1n value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower aild Lender otherwise agree in writing,. the Miscellaneous Proceeds shall be applied to the. sums <br />secured by this Security Instrument whethercir notthesums are then due. <br />Ifthe.'Property is abandoned by Borrower,. or if, after notice by Lender to Borrower. that the <br />OpposingParty{as defmed1n 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 MiscellaneousPtoceeds 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" rileansthe third party <br />that owes Borrower' Miscellaneous Proceeds or the party against whom Borrower has a right Of action in <br />regard to Miscellaneous 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 tesultin forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br /> <br />Initials: Sn <br /> <br />07-046945 <br /> <br />.-6CNE) (0407).02 <br />$ <br /> <br />w <br /> <br />Form 3028 1/01 <br /> <br />P.ge9of.15 <br />