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<br />200800270 <br /> <br />i <br />i. <br />i <br /> <br />As a result of these agreements, Lender, any pm-chaser of the Note, another insurer, MY teinsUtet, <br />any other entity, Or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts WI <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for shating or modifying the mortgage insurer's tislc, or reducing losses. If such agreement <br />provides that an affililrte of Lender takes a share of the insurer's risk in ~change for a share of the <br />premiWDS paid 10 the insurer, the arrangement i$ often tttm.ed 'captive reinsurance." Furtber: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurani;:e, or any other terms of the Loan. Such agreements will not increase tbe amount <br />Borrower will owe for Mortgage lDsurancet and they "Till not mijt:)e Ef;)lTower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - it any - with re5pCd: to the <br />Mortgage Insurance under the Homeowners Protection Act of 1m Or any other law. These lights <br />mAy include the right to receive teftaln dlsclosures, to request and obtain eanceU.ation of the <br />Mortgage Insurance, to have the Mortgage Insurance t~ated automatically, and/or to :reeei'fe a <br />refund ot any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of ~anooWi Proceeds; Forfeiture. All MiscdlaneQus Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneo1.15 Proceed$ shall be applied to restoration Of rep~ir of <br />the Property, if the restQf.jltion or repair is economically feasible and Lender'!!; security is not lessened. <br />Ourlng such repair and restoration pl!:riod. l...e:o.der shall have the risht to bold such Miscellaneous Proceeds <br />until Lender has had an opporrunity to inspect such Property to ensure we work has been complet<<l to <br />Lender's satisfaction, provided that such inspection shall be undertaken proxnprly. 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 Inade 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 sum <br />Miscellaneous Proceeds. If the r$$tQr~Qn Qt repair is nor economically feasible Or Lender's security would <br />be lesstned, the Miscellaneous ProceedJi: sball be applied to the sums: secured by this Securi[)' InsII1lI11ellI, <br />whether or not then due. with the ex.cess, if any, paid to Borrower. SUCh Miscellaneous Proceeds shall be <br />8:p];)Hed in the order provided tOf in $tction 2. . '. ' <br />In. the event of a total takint. destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shill be applied to the SlImS .secured by this Security Instrwncnt, whether o:r not then due, with <br />the excess, if any, paid to Borrower. . <br />In the evenr Of a partial taking, destruction. or loss in value of the Property in which the fair market <br />value of l11e Property immediately before the partial taking, destruction, or 10$s in value is.eqUallO or <br />greater than the amount of the sums secured by this Security Instrnment immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by tllis Security Instrument shall be red.\l.ced by the amount of the Miscellaneo'US Procetds <br />muhiplied by me following fraction: (a) me total amount of the sums secured. mnnediately before the <br />partial raking, desttuction, or loss in value (lividex;l oy (b) the fair market value of the Propertyinuntdiawy <br />before the partial taking, desnuction, or loss in value. Any balance shall be paid to BorroweJ;". <br />In the event of a panial taking, destruction, Or loss in value of the Property in which the fait. Inatkct <br />value of the Property imI:ned.iately before the partial taking, destruction, Or loss in value is less than the <br />amoun~ of the sums secured itrnne:diately before the partial taking, desmu::tion. or loss in value, unless <br />Borrower and. Lettder otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the ~ <br />secured by this Security Instnunent whether or not the sums are then due. <br />If the Propm)" is abandoned by Borrower, or if. afte:r notice by Lender to Bonower 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 eimer to restoration or repair of the Property or to The <br />sums secured by this Security InstrwnetJ.t, whether or not then due. "Opposing Party" means we third party <br />that owes &rrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in <br />regard to Miscellaneo\l.s Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil Or ctiroinal. is begun that, in <br />Lender:s judgment, could result in forfeiture of tbe Property or other material impairment of Lender's <br />inter~st in the Property or rights under this Security Instrument. Borrower can C'UIe such a default and, if <br /> <br />~ lj./ <br /> <br />'nh:ia~;l",,/' , <br /> <br />_ -6(NE) 'ooo~, <br /><J <br /> <br />p.ge 9 of 15 <br /> <br />Form 3026 1'01 <br />