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<br />200805531 <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 ret'eive (directly or indirecdy) amounts that <br />derive from (or might 1Ml chamcterized as) a portion of Borrower's payments for Mortgage Insunmce, 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 />premiuDl" paid to the insurer, the arrangement is often tenned "captive reiostmUlCe. " Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the1 will not entitle Borrower to any refund. <br />(b) Any sueh agreements will not affect the nghts Borrower has. if any. with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortguge Insurunce, to huve the Mortguge Insuruncc tcrminuted uutomutically, and/or to receive u <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br /> <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Mi<iCellaneolL.. Proceed.. are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceed.. shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically. feasible and Lender's security i.. not lessened <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to in<;pect such Property to ensure the work has been completed to <br />Lender's suti..faction, provided that such inspection shwl be undertltken prompdy. Lender may pay for the <br />repain> and restoration in a single di..bun>ement or in u series of progress payments as the work is <br />completed. Unless an agreement i.. 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 interest or eumings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security wonld <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 toM 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 partiw taking, destruction, or loss in value of the Property in which the fair market <br />vwue of the Property immediately before the partial taking, destruction, or loss in value i.. equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in vwue, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instnunent shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the toM amount of the sums secured immediately before the <br />partiul taking, destruction, or loss in vwuc divided by (b) the fair market vwue of the Property <br />immediately before the partiul taking, destruction, or loss in value. Any balance shall be ~d to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property immediately lMlfore the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured inunediately before the partiaI taking, destruction, or loss in value, unless <br />Borrower and Lender otherwi..e agree in writing, the Miscellaneous Proceeds shall be upplied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is ltbandoned 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 danmges, <br />Borrower fuils to respond to Lender within 30 dltys after the dlttc the notice is given, Lender is ltUthorized <br />to collect lUId upply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />SunlS securud by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceed.. or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Bomlwer shull be in default if any action or proceeding, whether civil or criminal, is lMlgun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impainnent of Lender's <br />interest in the Property or rights under this Security Instnunent Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by caUSing~n or proceeding to be <br /> <br />002005398805 I"'LoIs: <br /> <br />Gl-6A(NE) (0407),01 Page 9 of 15 , ' Form 3028 1/01 <br /> <br />CiliMorigage 3.2.15.16 V3 <br />