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<br />200705646 <br /> <br />using any source of funds that the mortgage insurer may have available (which may include funds <br />obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any <br />reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) <br />amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage <br />Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such <br />agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of <br />the premiums paid to the 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 <br />for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the <br />amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any <br />refund. <br />(b) Any such agreements will not affect the rights Borrower has M if any M with respect <br />to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These <br />rights may include the right to receive certain disclosures, to request and obtain cancellation of the <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 at the time of such cancellation <br />or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are <br />hereby assigned to and shan be paid to Lender. <br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair <br />of 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 <br />Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />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 <br />paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds shall be 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 then due, with <br />the excess, 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 <br />market value of the Property immediately before the partial taking, destruction, or loss in value is equal to <br />or greater than the amount of the sums secured by this 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 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 value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is less <br />than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, <br /> <br />NEBRASKA ~ Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MER.<; Form 3028 1/01 <br />6A(NE) (0407).01 Page 9 of 16 ~.. <br />Initials: I rf ....--- <br />