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<br />200708699 <br /> <br />As a result of these agreements, Lender, any purchaaet 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 />dMive from (or:might be cha:racterlzcd u) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for &baring or modifying the mortgage insurer's risk, 0'1" reducins 10SBes. If such agreement <br />provides that an affiliate of Lender takes a share of the insuIer's risk in exchange for a share of the <br />premiums paid to the insorer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mor'tgap ~ or any other terms of the Loan. Such agreements will not Increase the amount <br />Borrower will owe for Mortgage ~ and they will not entitle Borrower to any refund. <br />(b) Any sum agreements will not an'ed the rights Bon-owe.- has ~ If any - with respect to the <br />Mortgage Insurante under the Homeowners Protection Act of 1998 or any other law. These rights <br />may Include the right to receive certain disdosures, to request and obtain canceUatlon of the <br />Mortgage Insurance, to have the Mortpge Insurance tenninated automatically, andlor to receive a <br />refund of any Mortgage Insurance premiwns that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hemby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, 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 lesSCDCd. <br />During such repair and restoration period. Lender sbaI1 have the right to hold such Miscellaneous Proceeds <br />until Lender has ltad an opportunity to .iDspoct such Property to eusure 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 disbmsement 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 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 :mpair is not ecooomica1ly 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 doe, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />IlJIPlied 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 sec1lJ.'ed 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 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 Instrument immediately before the partial <br />takiDg, destruction, or loss in value, UDless 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 fonowing fraction: (a) the total amount of the sums secw:ed 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. Auf balance sball be paid to Borrower. <br />In the event of a partial taking, destruction, or 1088 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 8llCUred immediately before the partial taking. destruction, or loss in value, unless <br />Bmrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />IT the Property is abandoned by Bouower, 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 Instrumtnt, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom BollOwer has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if IDlY action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />- m lbo ~ or riahts ...... tIris Seeurity 1Dolxumen1. ~r ""'" mob. a dcJim1t and, if <br /> <br /> <br />l~tJ.~ <br />Form 3028 1'01 <br /> <br />.. -6INE) 100061 <br />. <br /> <br />Page 9 01 15 <br /> <br />__J <br />