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<br />200710429 <br /> <br />L<:nda can no longer require loss re:;crvc payments if Mortgage Insurance coverage (in the amount and <br />for the period that Lender requires) provided by an insurer selected by Lender again becomes <br />avni lable, is obtained, and Lender requires sepnrately designated payments toward the premiums !1)f <br />Mortgage lnsunlllce. If Lender required Mortgage Insurance as a condition of making the Loan and <br />Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insuranc,,:, Borrower shall pay the prclniullls required to maintain Mortgage Insurance in dT,,:ct. or to <br />provide a non-refundable loss reserve, until Lender's requirclnent for Mortgage Insurance ends in <br />accordance with any written agreement between Borrower and Lender providing for such termination <br />(II' until ll'rmillatiol1 is required by Applicable Lllw Nothing ill this Section 10 affects Borrower's <br />ob!igatiolllO pay interest at the rate provided in the Note. <br /> <br />IVlongage Insurance reimburses Lender (or any entity that purchases the NOle) for cenain losses it may <br />incur if 13orrower does nm repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Irburnnce, <br /> <br />Mortgage insurers evaluate their total risk 011 all such insurance in force from time to time, and may <br />enter into agreements with other parties that share or modifY their risk, or reduce losses. These <br />aL~rl~elllcnls arc on terms and conditions that are satislltctory to the mortgage insurer and the other party <br />(or parties) to these agreements. Thcse agreements may rcquire the mortgage insurer to make payments <br />using any SOUITe of funds that the mortgage insurer Inny have available (which may include funds <br />obtained Ii'om i'>1ortgage Insurance premiums). <br /> <br />:\s a result uf th,,:se agreenlents, Lender, any purchaser of the Note, another insut"l,:r, any reinsurer, allY <br />olllcr entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage lnsumnee, <br />in exchange for shnring or modifying the mortgage insurer's risk, or reducing losscs. If such agreculelll <br />pruvides that an affiliate of Lender takes a share of the insut'er's, risk in exchange f()r a share of the <br />premiums paid to the insurer, the arrangemcnt is often termed "captive reinsurance." Further: <br /> <br />(a) Any sllch agrcements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or an)' other terms of the Loan. Sneh agreements will not increase the <br />amount BOJ"tOWlW will owe for Morlgage InSUl'llllCe, and they will not entille BOI'rower to <br />any refund. <br />(b) Any such agreements will not affect the rights Borrowerl has ~ if any .- with respect to the <br />MOI.tgage Insurance under the Homeowners Protection Act of 1998 or lln)' other law. <br />These l'ights lnay include the right to I"eeeive cel'lain disclosures, to request aud obtain <br />cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />autolllaticnlly, and/or to receive a refund of any Mortgage Insurance premiums that were <br />tlllelll'ned Ht the time of such cancellation or termination. <br /> <br />II. Assignment of Miscellaneons Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned <br />tel and shall be paid to Lender. <br /> <br />Ifthl' Property is damaged, sucb Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such I'epair and restoration period, Lender shall have the right to hold such tV!iscellal1(:ous <br />Proceeds until Lender has had an opportunity to inspect $\lch Pruperty to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />rnay pay ror the repairs and restoration in a single disbursement or in a series of progress payments as <br />the work is (,olllpkwd. Unless an agreement is made in writing or Applicable Law requires interest to <br />be paid Oil such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on snch i\.Iiscellaneous Proceeds. If tbe restoration or repair is not economically feasible or <br />Lender's sl~curity 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 cvent of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds <br />shall be applicd to the SUillS secured by this Security Instrument, whether or not then dUe. with the <br />excess, if any, paid to Borrower. <br /> <br />In Ill(' evcnt or a partial taking, destruction, or loss in value of the Property in whieh the fair market <br />valuc of the Property imlllcdiately before the partial taking, dcstruction, or loss in value is equal to or <br />grl~atcr than the amount uf the sums secured by this Security Instrument immediately before the partial <br />laking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />securcd by Ihis Security Instrument shall be reduced by the amount of the Miscellaneous PrOceeds <br />multiplied by the f()lIowing fraction: (n) the total amount of the sums secllred immediately before the <br />partial taking, destruction, or loss in value divided by (b) the Illir market value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to <br />Borl"(lwer. <br /> <br />I n the event of a partial taking, destruetion. or loss in value of the Property in which the inir market <br />'v~llue of' the Property inllnediawly befbre the partial taking, destruction, or loss in value is less than lhe <br /> <br />,""I.:E'l.,:\.,"!\,.~ '''c~\d;' ~':ol:ll~\" L'f'lk'll' .\IK"''!-'I'I'',I.11I' M..~. t:="lfoIO.' lNWPU:.\'Jr.r-,,"I <br />.;:i~i>,l<:'\!(!I, ("OpV!'l\~hl (:("\IJlkW~'l) Sr:~~t!n.~. Ini,; :;:l.r~()-IH&r _ ;:00(, l), l40 <br />/';':!l\0i~~, F;I,I\\II~ f':\~:ll i',r.t'll.~' ,~..,s..~',~.~ri\y .!.I,~!<,t,t',u:nell( ,PI..:;Jl.i7 ,..um'~"",',,,,~~,...._..... <br /> <br />""II'''' ../I~)j IN' <br />wl,vw ,~:\HJlp~W (Kits. y~k,I'\i!\, CIUJl <br />~(~O-<)6S-8~;1 . F.l,~ 6l6..'):';I'..1 )\6t <br />., ,,'....'.....'.m^^,.............''-.-.....'"''''''.'''. " . I <br /> <br />.. . mm..m.~..~H~m.I~,,::~'~___~"__..m~'.;;M. m. mm.""____m____ <br />