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I <br />R~R~QQR®E~ 2 0 0 8 0 ~. 4 3 9 <br />2oo~os3ls <br />As a result of tb;ese agi~,ants, Lender, any purchases of the Nate, another itnsurer, any reinsurer, <br />any other entity, ar any affliate pf auy bf the foregoing, may receive (directly br ittdit~ectIy) amalutts that <br />derive from (or tniglnt bo chazaCtertzed. as) a portion of Borrower's payt~ts for Mortgage ~surance, in <br />exchange for sharing br modii'yying the tanortgage insurer's rills, or reducing losses. If such; agreomeat <br />provides that an affiliate of Lender takes a share of the insurer's risk in exr,.~ga for a share of the <br />preixuiums paid to the ins'tuer, the arrat~;eme~at is often termed "captivC relta6urance." ~arther~ <br />($) Any such agre~aents will not affect the amotntts that Sarrower has agreed to pay far <br />Mortgage ><asurance, or any other terms of the 1Ga~n. Such lgreemeaxts vrill not increase the amount <br />>$orrowe:r will owe for Mortgage Insvrstnce, and tlne3' will not entitle Borrower to aqy ret'und. <br />{h) A1ay such agreements will not affect rile rlghtit Borrrower has - iP any -with respect to the <br />Mortgage Insu~nce uq~der the Ilomoowners Frotect~ion Act olr 199$ or any other Iaw. Tlt~ rights <br />may include the right to receive certain disclosures, to request and olbtain ceacellation of the <br />Mortgage Insurance, to Itave the Mortgage Tioattrance terminated autondatically, axnd/or to receive a <br />refund oP any Mortgage Insurance gremium~s chat were unearned at the time bf surJtti cancellation or <br />termiapation. <br />~~- 11. Assignment of Mlaneous proceeds; Forfeiture, All Miscellaneous Proceeds are hereby <br />r . ' ~ ed to and shall be paid to Letidez. <br />cos n" :''r~~ `~'; the Property is damaged, such Miscellan~us »toceeds <br />~~,r,- " Sk~II be applied to restoration or repair pf <br />.~`1,~~; , if the restora~on or repair i$ eat-nomically feasible and bender's security is not lessened. <br />;fs~~ r ~; :.;~ r~~ ch r sir and restoration <br />~~ ~ =~:~~ ,,, ep period, Lender shall have the right to hold such Mise~laraeous Proceeds <br />~aH~,:~.-=~. der Itas had an oppamynity w inspect such, property ~ ensure the work has been completed to <br />~~.1.~'--~;~ ~ ef' satisfaction, Provided that such inspection shall be undertaken promptly. Tender ~y Pay fax the <br />Yt+~'u j'`~ d restoration in a single disbursemtant or in a series bf progress paymeA;,ts as the Vvbrk is <br />'~ ~~.`:~~o ed. Unless an agreement is made ~ writitag pr ApplieablC Law requires interest to be Paid on such <br />'~~'"~= ~ ]aneotu Proceeds, Lender shad not be t'cgttirad to pay Borrower any iuxterest or eatniags otx such <br />~' CUa cellaneous Proceeds. If the xestbratiaa or repair is not economically feastble or Xender's security would <br />e lessened, the Miscellaneous Prooeeda shall be applied to the sins secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to $orrower. Such Miscellaneous Prpcfi+eds shall be <br />applied in the order provided for in Section 2. <br />In tine event of a total taking, destruction, or loss in value of the Property, r2xe MiscellazReaus <br />Proceeds sha11 be applied w the sum secured by this Security In$ttttment, whether or not they due, with, <br />the excess, if any, paid to Borrower. <br />'Cu the event of a pa~txal taking, destruction, or lass in value of the Property in which the fair market <br />value of rh,e Property itnsnedialteIy before the partial taking, destruction, ar loss in value is equal to or <br />greater than the amount of the sumo secured by this Security It~srrumem iixuonediately before the Partial <br />takizn4, destruction, ar loss in vsluo, unless Harrower and Lender otherwise agree in writing, the sums <br />secured by this Sear~ty Irlstzumart shall be ~educea by the amount of rJae Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the torsi amount of the sums secured immediately before the <br />partial tski:ag, destxvetion, ox lass tan valve divided by (b) tIze fair marlret value of the Property immediately <br />before the partial taking, destruction, or loss in value. A,ny balance shall be paid to Borrower. <br />In the evenu of a partial , destruction, or Ioss in value of the Property in which the fair market <br />value of the Property in,n,eeiiat~ty before the partial taking. destruction, ar loss ~ value is loss than the <br />amount of the sums secured iunmediarcly before the partial taking, destruction., or loss in value, unless <br />Bar~ower and lender otherwise sgrae in writing, the Misccllanebua Proceeds shall be applied to the sums <br />secured by This Security Instmm~ent whether or not the sums anC then dttC. <br />If the Property is abaudaned by Borrower, or if, after xnoticc by Lender to Borrower that the <br />Opposing Party (as defined is the next s~atence) offers to make an $w~rd to settle a claax)p for damages, <br />Boaower fails to respond to Lender within 3d days after the date the notice is giveA, Lender is authorized <br />to collect and apply the Miscellaneous l~rocoeds either to restoretigan or repair of the P,tAperty ox to the <br />sums secured by this S~urity Iastrament, whathcr or not then due. "Opposing Party" means the third party <br />chat owes Borrower Miscellaneous Proceeds ar the Party against whom Borrower has s right of action in <br />regard to Miscellaneous I'rocead9. <br />Borrower shall be itt default if arty action a; proceeding, whether civil or criminal, is begun that, in <br />Lender's judgtneut, could result ixt fnrfciture of the property or other material itnpairmcnt of Lender's <br />interest in the Property or rights under this Security Instrument. ~3arrower can cure such a default and, if <br />~~ 6INE) 10009) PeoB 8 M 16 Form 302$ 7 /09 <br />