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2oososo3~ <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reir-surer, <br />any other entity, or any affiliate of any of the foregoing, may receive (direcfly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange Far 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 insureras risk in exchange for a share of the <br />premiums paid to the insurer, the arr~urgemerk is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agrced 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 - wdh respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Theme rights <br />may include the right to receive certain disclosures, to reyuest and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation ar <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All ML~celhureous Proceeds are hereby <br />assigned to aril shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Properly, if the restoration or repair Ls economically feasible and Lender's security is not lessened. <br />lluring such repair anti restoration period, Lender shall have We right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensm~e the work has been completed to <br />Lender's satisfaction, provided that such impec6on 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. iJnless an agn'ement is made in writing or Applicable Law reyuires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be reyuired io pay Borrower any interest or earnings on 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 surm 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 We event of a total taking, destrociion, or loss in value of We Property, the Miscellaneous <br />Proceeds shall be applied to the sums secm+ed by this Security Inslrvment, whether or not then due, with <br />the excess, if any, d to Borrower. <br />In the event o~a partial caking, destnrclion, or loss in value of the Property in which the fair maritet <br />value of the Property immediately before the partial taking, destnrction, or loss in value is equal W or <br />greater than the amount of the sums secured by this Security Instnunerrt immediately before the partial <br />caking, deslnrciion, or loss in value, unless Borrower and Lender otherwise agree in writing, the stuns <br />secured by this Security hisirument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sumo secured immediately before the <br />partial taking, du'sliuc:lion, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, desirucdon, or loss in value. Any balance shall be laid to Borrower. <br />In the event of a partial taking, destrvcdon, or loss in value of the Property in wtuch cite fair market <br />value of the Properly immediately before the partial taking, desiruclion, or loss in value is less Ihan the <br />amount of the surrrs 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 We sums <br />secured by this Security Instrument whether or not the srmrs 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) oft'ers to make an award to settle a claim for damages, <br />Borrower faits 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 restor~rlion or repair of the Property ar to the <br />stuns secured b3' this Security Instrvnwerrt, whether or not Wen due. "Opposing Party" means We third party <br />Wai owes Borrower Miscellaneous Proceeds or the party agair>,st whom Borrower has a right of action in <br />regard to Miscellaneous 1'r+occeds. <br />Borrower shall be in default if any aCtlon or pmceedirrg, whetlx.r civil or Criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of bender's <br />interest in the Property or rights under this Security InstrvmerrL &-rrower,~c,,a~n,,~cure such a defaWt aril, if <br />~' "' `~;iliMorlgage 3.2.23.04 V5 <br />NEBRASKA -Single Famlty -Fannie Mae/Freddle Mac UNIFORM INSTRUMENT ~,,~ <br />-B(NE) (oaii) rases a rs iM~S: ~? +' ~!' ~ Form 3028 1/01 <br />