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<br />200709533 <br /> <br />using any source of funds that the mortgage insurer may have available (which may include fimds <br />obtained from Mortgage Insurance premiums). <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amOlUlts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, <br />in exchange for sharing or moditying 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 insurer, the arrangement is often termed "captive reinsurance." Further: <br /> <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms ofthe Loan. Such agreements will not increase the <br />amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to <br />any refund. <br /> <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. <br />These rights may include the right to receive certain disclosures, to request and obtain <br />cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br /> <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hercby assigned <br />to and shaH be paid to Lender. <br /> <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if tlle 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 <br />the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to <br />be 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 sc('1U"ity would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured <br />by 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 /> <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. <br /> <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 />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />sc('1U"ed 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 /> <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 less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br /> <br />NEBRASKA - SingicFanW}' - 'iliaD>> MIII~lFreddh: Mac UNltORMJNSTRlfMtN't <br />It) 2004-2006 Copyright Compliance S",t""". lno. 2D26.61;63. 2006.11.140 <br />Single Fanily R~ Estate:: - Security Inatnn:IEnt DL2047 <br /> <br />P.go8of14 <br /> <br />Fonn30281fOl <br />www.compliancesyste::m...com <br />800-968-8522 - Fax 616-956- 1868 <br />