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200909601 <br />As a testtlt of these agreements, Lender, any pttrchatic:r of the Note, another insurer, any teinsttrer, <br />any other entity, or any affiliate of any of the foregoing, muy receive (directly o.r indirectly) aitlounts that <br />derive from (or might be characterized as) a portion of 13c~rrowcr's payincnts for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's ris.lc, or reducing losscs_ If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's rislt in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often tertneci "captive reinsurance" Further: <br />(a) Any such agreements will not affect the an-ounts that Borrower has agreed to pay for <br />Mortgage Insurance, ar auy other terms of the Loan. Such agrcenaents will nut increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle l3r-rrowcr to any refund- <br />(b) Any such agreements will not affect the rights Burrower has - if any -with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1))8 or any other law. These rights <br />may include the right to receive certain disclosures, to request anti obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance tcr-minated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were trncarned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; I+orl'citnre. All. Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Ptoccc:ds shall. be applied to restoration or repair of <br />the Property, if the restoration of repair is economically Feasible and Lender's sectttiiy is not lessened- <br />Dttring such repair and restoration period, bender shall have the tight to hold such. Miscellaneous Proceeds <br />tmtil Lender has had an opportunity to inspect such Properly to ensure the work has heert completed to <br />Lender's satisfaction, provided that such inspection shall he underlalcen prornplly_ Lender nxay pay for the <br />repairs and restoration. in a single disbursement or in a series of progress payn"letlts as the watlc is <br />completed. Unless an agreement is made iu writing or Appf icable Law rewires interest to be paid ort such <br />Miscellaneous Proceeds, Lender shall not be required to p.ry Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not ccononnically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by I.his Security Instnunent, <br />whether or not then due, with the excess, if any, paid to [3en~rower. Such. Miscellaneous Proceeds shall be <br />applied in the order provided fox in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Properly, rite Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instnurteni, whether or not then due, with <br />the excess, if any, paid to Barrower- <br />In the event of a partial taking, destruction, of loss in value of the Property in which the fair market <br />value of the Property immediately before the partial tatting, destnrction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instn-ment immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Iztstntment shall be reduced by the amount of ilre Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured imrn.ediately before the <br />partial taking, destruction, at lass in value divided by (b) the fair marizel value of the Property <br />immediately before the partial taking, destruction, or loss in value_ Any halancc shall he paid to Borrower. <br />In the event of a partial taking, destntctiou, or loss in value of the Property in which the fair market <br />value of the Property immediately before the partial takinE;, destrti-ction, or loss in value is .less than the <br />amount of the sums secured immediately before the partial la.lcing, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Misccll~cneous I'roceecis shall he applied to the sums <br />secured by this Security Instrument whether or not the sums Rrre then clue. <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 irtalce azx award to sett)c a claim far damages, <br />Borrower fails 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 restoration or rcl~air of the Property of to the <br />stuns secured by this Security Instrument, whether or not then. due. "Opposi.ng Party" ttieuns the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a tight of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action of proceeding, whether civil. or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property ctr other material impairment of Lender's <br />interest in the Property or rights under this Security Instrr.iment. iorrower can cure such a default and, if <br />NNW~RASKA- Single Family -Fannie Ma®/Freddie Mac UNIFORM I:~CSTRUMEhlT e~ <br />-6(NE) toat~i Page9of15 i~,it~ai5: /~QS ~ Farm 3Q28 1/01 <br />