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<br />200900327 <br /> <br />As a result of these agreements,Lender, any purchaser of the Note, anotherinsurer, any reinsurer, any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive <br />from (or might be characterizedas) a portion of Borrower's payments for Mortgagelnsurance, in exchange <br />for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreementprovides that an <br />affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br />insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreemeuts 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 they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated automatically, and/orto receive a refund of any <br />Mortgage Insurance premiums that were unearned at the time of such cancellation or 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 MiscellaneousProceedsshall be applied to restorationor repair of the <br />Property, if the restorationor repair is economically feasible and Lender's security is not lessened. During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />satisfaction, provided that such inspectionshall be undertakenpromptIy. Lender may pay for the repairs and <br />restorationin a single disbursementor in a series of progress payments as the work is completed. Unless an <br />agreementis made in writing or Applicable Law requiresintcrestto be paid on such MiscellaneousProceeds, <br />Lender shall not be requiredto pay Borrower any interestor earnings on such MiscellaneousProceeds.If the <br />restorationor repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with the <br />excess, if 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 MiscellaneousProceeds <br />shall be applied to the sums secured by this Security Instrument,whether or not then due, with the excess, if <br />any, paid 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 Propertyimmediatelybefore the partialtaking, destruction, or loss in value is equal to or greater <br />than the amount of the sums secured by this Security Instrument immediately before the partial taking, <br />destruction,or loss in value, unless Borrower and Lenderotherwiseagreein writing, the sums securedby this <br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the <br />following fraction: (a) the total amount of the sums securedimmediatelybefore the partialtaking, destruction, <br />or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any 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 market <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than 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 Instrument whether or not the sums are then due. <br />If the Property is abandonedby Borrower, or if, after notice by Lender to Borrower that the Opposing <br />Party (as defined in the next sentence) offers to make an award to settIea claim for damages, Borrower fails <br />to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and <br />apply the MiscellaneousProceedseitherto restorationor repair of the Property or to the sums securedby this <br />Security Instrument,whether or not then dUe. "Opposing Party" means the third party that owes Borrower <br />MiscellaneousProceedsor the party against whom Borrower has a right of action in regard to Miscellaneous <br />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 resultin forfeiture of the Property or other materialimpairmentof Lender's interest <br />in the Property or rights under this Security Instrument.Borrowcrcan cure such a default and, if acceleration <br />has oecurred,rcinstateas provided in Section 19, by causing the action or proceedingto be dismissed with a <br /> <br />.-6A(NE) (0407).01 <br />(!> <br /> <br />Initials: nl L H <br /> <br />Page g of 15 <br /> <br />Form 3028 1/01 <br />