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<br />200709078 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, <my reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) ilmowlts that <br />derive from (or might be characterized as) a porlion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage 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 />premiums paid to the insW'er, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not IIffeel the amounts that Borrowcl" has IIgreed to I'll)' fOl' <br />Mortgage Insurance, or any other terms of the Loan, Such agl'eements will not increase the amount <br />Borrower will owe for M0l1gage Insurance, and the~' will not entitle BOITowel' to an)' refund. <br />(b) Any such agreements will not affect the rights Borrower has" if any - with respect to the <br />Mortgage Insumnce undel' the Homeowners Protection Act of 1998 or any other law. These lights <br />may include the right to receive cel1ain disclosures, to request and obtain cancellation of the <br />MOl1gage Insurance, to have the M0l1gage Insurnnce terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were uneamed at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; FOlfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoralion 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 Properly 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 Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any inleresl 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 shall be applied to the swns secured by this Security Instrwnent, <br />whether or not tllen due, with tile 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 i.n value of the Property, tile Miscellaneous <br />Proceeds shall be applied to the swns secured by this Securily Instrwnent, whetller or not then due, Witll <br />tile excess, if any, paid to Borrower. <br />In the event of a partial taking, destruclion, or loss in value of tile Property in which the fair market <br />value of the Properly immediately before the partial laking, destruction, or loss in value is equal to or <br />greater than the amount of the swns secured by this Secmity Instrwnenl inunedialely before tile partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrwnent shall be reduced by the mnowll of tile Miscellaneous Proceeds <br />multiplied by the following fraclion: (a) the total amount of tile swns secured inunediately before the <br />partial taking, destruction, or loss in value divided by (b) tIle fair market value of the Property <br />inunediately before the partial taking, destruction, or loss in value. Any balmlce shall be ,Paid to Borrower <br />In tIle event of a partial taking, destruction, or loss in value of the Property in wluch the fair market <br />value of the Property immediately before the parlial taking, destruction, or loss in value is less tllan the <br />amount of tIle sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otllerwise agree in writing, the Miscellaneous Proceeds shall be applied to the swns <br />secmed by this Security Instrwnent whetIler or not tile swns 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 lo seltle a claim for dmnages, <br />Borrower fails to respond to Lender Witlli.n 30 days after tile date the notice is given, Lender is autllOrized <br />to collect and apply the Miscellaneous Proceeds eitIler to resloration or repair of the Property or to tIle <br />swns secured by tIlis Securily Instrwnent, whetIler or not tllen due. "Opposing Party" memls tile tIlird party <br />that owes Borrower Miscellmleous Proceeds or the parly against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if mly aClion or proceeding, whetller civil or criminal, is begun that, in <br />Lender's judgment, could resull in forfeiture of tile Property or other material impairment of Lender's <br />interest ill the Property or rights WIder this Security Instrwnent. Borrower cml cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by caUSing the action or proceeding to be <br />8800278337 Initial. ,tJe(i _ 5"-c 8800278337 <br /> <br />..8A(NEIIO~07),O' Pao.9 of 15 Form 3028 1/01 <br />o <br />