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<br />200803233 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity. or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br /><.ierive from (or might be characterlzedas) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing 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 tenned .captive reinsurance.. Further: <br /><a)' Any such agreement'! will not' affect tbe amounts, that Borrower has agreed to pay for <br />Mortgage Insurance, or an)' othertertns of the Loan. Such agreements will not increase the amount <br />Borrower will owe for MOrtg. age Insuran~ and they will not entitle Borrower to an~ refund. , <br />,(b) Any snch . agreements will not an'ectthe rights Borrower has . ifuDY ~ With .respect to the <br />Mortgage Insumnce under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the rigbt to receive certain disclosures, to request and obtain cancellation' of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a <br />refund of any Mortgage Insurance premiums that were unearned at thetinieofsnch canCellatioil or <br />terininatic)U. "..",' <br />'11. . Assignment of MisCellaneoUS, ProceCds; Forfeiture! All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender., ' ' , . .... <br />"If the ProPer1Y is damaged, such Miscellaneous Proceeds. shall be applied to restoration or repair of <br />the Propeny, if the restoration orfepair is economically feasible and Lender's security is not lesliened. <br />During such repair' an<.i restoration period, Lender shall. have the right to hold sucll . Miscellaneous Proceeds <br />until Lender bas had an opportunity to inspect suCh Property to ensure the work hasheen cOIIlpleted to <br />Lender's s.atisfactio:Q,provide<:lthin such ln~pection shall be undert~npromptly.Lender may pay for the <br />repairs and reStoration in a single disbursement or in a series of progress payments as the wor~ is <br />completed. Unless an agreeinent is made in Writing orApplicable Law requires interest to be paid on such <br />MiScellaneous Proceeds, LendershaU not be required to pay Borrower any interest ot earnings on such <br />Miscellaneous Proce~. If therestoriuion or repair is.not economically feasible or Lender's security would <br />be lessened, the Miscellimeous Proceeds shall be applied to the sum.s secured by this Security Instrument, <br />whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be <br />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 Miscellaneous <br />Proceeds shall be applied to thesulll& secured by this ~ecurity Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower, ," ' <br />In the event ofa partial taking. destruction, or loss iil 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 SuinS secured by this Secilrity Instrument immediately befOre the . partial <br />taking, destruction,. or loss in value, unless Borrower and Lender otherwise agree in writing, the sWIis <br />secured. by this Security Instromentshall 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 />imrttediately before the par~ial t~g, destruc!ion, or loss .in value. Any balance sh~l, be ,Paid to B~lffower, <br />In the event of a partIal taking, destnlcnon, or loss III value of the Property m WhICh the faIr market <br />value of the Property immediately before the partial taking, destnlction, or loss in value is less than the <br />amoqnt of the sums secured immediately before the partial taking, destIllction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous .Proceeds shall be applied to the sUnlS <br />secured by this Security Instrument whether or notthesumli are then dUe. <br />If the Property is abandoned. by Borrower, or if, after notice by Lender to Bottower 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 either to restoration or repair of the Property or. to the <br />sumssecure<:l by this Security InstrUment, whether or not then due. "Opposing Party" means the third party <br />that owes BorroWer Miscellaneous Proceeds or the party against whom Borrower haS a right of action in <br />regard to MiscellaneoU!l Proceeds... . .' , , '... <br />Borrower sll1ul be in default!f any action or proCeeding, whether civil or criminal, is begun that, in <br />Lender'S judgment, could result in forfeitUre of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument, Borrower can cure such a default and, if <br /> <br />pog.90116 <br /> <br />Inltl.l.: !is' Jf( <br /> <br />-b': ~" <br /> <br />0110280078 <br /> <br />~.6INE) (0407).02 <br /> <br />Form 3028 1/01 <br />