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<br />200708697 <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 indiJ:ecdy) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducq 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 />premiums paid to the insurer, the arrangement is often tenned "captive reinsurance.. Further: <br />(a) Any such agreements will not affect the amounts that BOrTower 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 Insta-ance, and they will not entitle BOlTOwer to any refund. <br />(b) Any such agreements wiD not affect the rlghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortpge Insurance, to have the Mortgage Insurance terminated automatlcally, and/or to reeeil'e a <br />refund of any Mortaace Imuraoce premiums that were unearned at the time of such canc:elladon or <br />termination. <br /> <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 ICstoration or repair of <br />the Property, if the restoration or repair is economicaUy feasible and Lender's security is not lessened. <br />DuriD8 such repair and. restoration period, Lender sball have the right to hold such Misce1lancous Proceeds <br />until Lender has had an opportunity to inspect such Property to unsure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undenaken 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 requUes inteIest to be paid on such <br />Miscellaneous Proceeds, Lender 8hall not be requiTed to pay Borrower any iDterest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds sball 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 Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In tho event of a 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, dc:struction, or loss in value is equal to or <br />greater than the amount of the sums sceuted by this Security Instrument hntnt::diately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the S1UIIS <br />secured by this Security Instrument shall be reduced by the amount of the Misce1lanoous 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 immediately <br />before the partial taking, destruction, or loss in value. A.n1 balance sball be paid to Borrower. <br />In the event of a partial taking, destruction, or loss m 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 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 Instrll:lumt whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender 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 the 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 dlat, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />- m.... Property or...... under ddo ~ --. ~W"" such........ aod, n <br /> <br /> <br /> <br />_.~,. -P ~.~ 3028 1/01 <br /> <br />_-6INE) 10lXl6} <br />