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<br />RE-RECORDED
<br />200804894
<br />
<br />200708844
<br />
<br />As a result of these 'Igreements, 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 />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance. in
<br />excbange 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 pnid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the amounts that Borrowel' has agreed to pay for
<br />Mortgage Insurance, or any other tel'ms of the Loan. Such agreements will not Increase the amount
<br />Borrower wltl owe for Mortgage Insurance, and they wUl not entitle BOrTower to any refund, .
<br />(b) Any such agreements will nol affect the rights Borrower has . If any - wflh respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, Tbese rights
<br />may Include the right to receive certain disclosures, to request and oblaln cancellation of the
<br />Mortgage Insurance, to hove the Mortllalle Insurance termJnated automatically, and/or to receive a
<br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
<br />termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds 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 restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
<br />until Lender has had un opportunity to inspect such Property to enSUre the work hus been completed to
<br />Lender's satisfaction, provided that such inspection shall be undertaken promptly, 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 made in writing or Applicable Law requires Interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any intereSl or earnings OJl such
<br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, 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 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 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 pnrtialtaking, destruction, or loss in value of the Property in which the fair market
<br />value of thc Property immediately before the partial taking, destruction, or loss in vpluc is equal to or
<br />greater than the amount of the sums secured by this Security Instrument Immediately before the parlial
<br />hiking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br />secured by this Security Instrument shall 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 />immediately before the partial taking. destruction, Or loss in Value. Any balance shal! be paid to BOrrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which thefalr market
<br />value or the Property immediately before the partial taking, destruction, or loss In value is less Lhan lhe
<br />amount of the sums secured immediateiy before the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwi~." agree in writing, the Miscellaneous Proceeds shall be applied to Lhe sums
<br />secured hy this Seourity 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 llward to settle a elaim for damages,
<br />Borrower fails to respond to Lender within 30 days after the date the nolice is given, Lender is authorized
<br />to collect and apply the Miscel!nneous Proceeds either to restoration or repair of the Properly or to the
<br />sums secured by this Security Instrument, whether or nol then due. "Opposing Party" means the third party
<br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of aotion in
<br />regard to Miscellaneous Proceeds,
<br />Borrower shall be in default if 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 Properly or rights under this Security Instrument. BOrrower can cure such II default nnd, if
<br />.=,,,""', b.. ,=",d, <0'''". u """""", goo"'" 19, by """'101 "' ,=di",. '"
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<br />Inilr.I.:
<br />"'l,6A{NE)c0407l.01 p'.,. o"s Form 3028 1/01
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