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<br />200802938 <br /> <br />AJ a reswt of these agreen1eI1.ts, Lender, any purchaser of the Note, another insurer. any reinsurer, <br />any other entity, Of any affiliate of any of the foregoing, may receive (directly or indirectly) amounts th~t <br />deri\'c from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, m <br />exchange for shJring 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 insurer, the arrangement is often teI:lII.ed .captive reinsurance,. Fwth~: <br />(ll) Any sucb agreemcn1l will not affect tbe amounts tmtt Borrower' has agreed to pay for <br />Mortgase Insurance, or any other terms or tbe Loan. Such agrccmmD win not increase the amount <br />Borrower win owe for Mortgage IusurcUlCe, and ther will not entitle Borrower to any reflllld. <br />(b) Any such agreemeu1s wiD not affcd the npts JlorroWCI" has M it any . with respect. to the <br />MorlgaJe Im\ll'lUlce amder the Homoowners Protection Act 01" 1998 or any other Ill"'. These rights <br />may include the rilbt to l'~ei'Ve certain disclosures, to request aDd obtain C8accllatioD of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automadcally I and/or to I'D'Ve a <br />refund of any Mortgage IDsurance premiums that were unearned at tbe time of such cancellation or <br />termination. <br />11. Assignrneut of Misl;cllaneous Proceeds; Forfeiture. All Miscellaneous ProceedS are hereby <br />assigned to and shall be: paid to Lender. <br />If the Property is damaged, sllC.h Miscellaneous Procetds shall be applied to restoration 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 restoratioD period, Lender sball have the right to hold such Miscellaneous Proceeds <br />until Lender has had an ~ortunity LO inspect such Property to cnsure the work has been completed to <br />Lender's SaIisfactiOD, proVIded that such inspection shall be undenaken promptly. Lender JDay pay for the <br />repairs and restoration in a single disbursement or in a series of pro cress paymen[$ as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires intetcst to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest 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 Misl;C!lancous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or DOt then d.ue, witb the exCC$S. if any. paid to Borrower. SIlC.h Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2- <br />In the event of a total taking, destJuction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied. to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any. paid to Borrower. <br />In the event of a panta! taking. destroction, or loss in value of the Property in which the fair market <br />value of the Property inunediatcly before the partial taldng. dcstnlction, or loss in value is equal to or <br />greater than the amount of the sums SCClll'ed by this Security Instrument immediately before the partial <br />taking, dCSnucOon, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Inst.rument shan be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the followmi fraction: (a) the total amount of the sumS secured immediately before the <br />partial taking, deStIUCtiOIl, 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. AI1y balance sball be ,Paid to Borrower. <br />In the event of a partial taking, destrUction. or loss in value of the Property in Vllhicb the fair mar}cet <br />value of the Property immediately before the partial taking, destruction, or loss in value is less thall. the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied. to the sums <br />secured by this Security InstIUDlent whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that me <br />Opposing party (as de!'med in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower falls 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 either to restoration or repair of the Property or to the <br />suntS secured by this Security Instrument, wbether or Dot then due. wOpposing Pany" means the 1hird party <br />\J1at owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />re~ to Misccllaneous Proceeds. <br />Borrower shall be in default if any action or proceediJlg, wbetber civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or olhcr material impairme!1t of u::o.dcr's <br />interest in the Property or rights und.er this Secllrity Instrument. Borrower can cure such a default and. if <br /> <br />01102B0022 <br /> <br />fJIt-8CNI) 104071.02. <br /> <br />~D90 II of 15 <br /> <br />fllllltll~ 7711/l <br />--f- ~ 3028 '101 <br />