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<br />200803385 <br /> <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay <br />for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase <br />the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to <br />any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect <br />to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. <br />These rights may include the right to receive certain disclosures, to request and obtain <br />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 oCMiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are <br />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 is not <br />lessened. During such repair and restoration period, Lender shall have the right to hold such <br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the <br />work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay <br />Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if <br />any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />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 the sums secured by this Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />equal to or greater than the amount of the sums secured by this Security Instrument immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in <br />writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value. Any <br />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 fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />less than the amount ofthe sums secured immediately before the partial taking, destruction, or loss in <br />value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument 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 the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for <br /> <br />NEBRASKA-Singlc Family-Fannie MuJFreddle Mae UNIFORM INSTRUMENT <br /> <br />For. 3028 1101 (page J 0 of /6 pages) <br /> <br />'uS- <br />