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200802648
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3/31/2008 4:04:39 PM
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3/31/2008 4:04:38 PM
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DEEDS
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200802648
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<br />Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to <br />pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not <br />increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle <br />Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with <br />respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any <br />other law. These rights may include the right to receive certain disclosures, to request and <br />obtain 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 />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous <br />Proceeds are hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or <br />repair of the Property, if the restoration or repair is economically feasible and Lender's security <br />is not lessened. During such repair and restoration period, Lender shall have the right to hold <br />such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to <br />ensure the work has been completed to Lender's satisfaction, provided that such inspection shall <br />be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender <br />shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. <br />If the restoration or repair is not economically feasible or Lender's security would be lessened, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds <br />shall be applied 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 <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with 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 <br />fair market value of the Property immediately before the partial taking, destruction, or loss in <br />value is equal to or greater than the amount of the sums secured by this Security Instrument <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the <br />amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount <br />of the sums secured immediately before the partial taking, destruction, or loss in value divided by <br />(b) the fair market value of the Property immediately before the partial taking, destruction, or <br />loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the <br />fair market value of the Property immediately before the partial taking, destruction, or loss in <br />value is less than the amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />or not the sums are then due. <br /> <br />200802648 <br /> <br />NE_ISTMTGl064 vi <br /> <br />(page 10 of 16 pages) <br />
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