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2oo9u9~~s <br />As a result of these agreements, [.ender, arty purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or arty affiliate of any of the foregoing, may receive (directly or irrdir+ecdy) amounts that <br />derive from (or might be characterized as) a portion of Borrower's paymerds for Mortgage Insurance, in <br />exchange for sharing or modifying We mortgage insurer's risk, or reducing losses. Tr 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 />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." F~rrtlrer: <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 thc~ will not entitle Borrower to any refund. <br />(b) Any such 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 r7ghts <br />may include the right to receive certain disclosures, to request 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 or <br />iermination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid io Lender. <br />U the Property is damaged, such Miscellaneous Proceeds shall be applied m restoration or repair of <br />the Property, kf the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and reston~tion period, Leader shall have Ure right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such irtSpection shall be undertaken promptly. Lender may pay for the <br />repairs aril restoration in a single disbursement or in a series of progress paymeNs as the work ks <br />completed. Unless an agreement is 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 earxrings on such <br />Miscellaneous Proceeds. U the resbration or repair is not ecommically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnuent, <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 total taking, destn,ction, 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 partial taking, destruction, or loss in value of the Property in which the fair rrr8lricet <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal tti or <br />greater than the amount of the sums secured by this Security Instrument 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 Llstrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial takirrk;, destnrction, or loss in value divided b3' (b) the fair nnaritet value of the Property <br />immediately before We partial taking, destruction, or loss in value. Arry balance shall be mid to Borrower. <br />In the event of a partial taking, destnrction, or loss in value of the Property in which the fair rtrarltet <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amouni 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 tp the surn5 <br />secured by this Security Inshnrnrent whether or not the scans are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender #o Borrower that the <br />()pposirrg Party (a5 defined in the next sentence) offers to make an award tp settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender ks authorized <br />io collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />Wit owes Bornower Miscellaneous Proceeds or the party against whom BomDwer has a right of action in <br />regard to Miscellaneous 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 result in forfeiture of the Property or other maierial impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by causing We action or proceeding to be <br />001120991870 CitiMortgage 3.2,27,13 VS <br />NEBRASKA -Single Fatuity -Fannie Mae/Fr~addle Mac UNIFORM INSTRUMENT Yi( <br />-BA(Nq ~oeio~ Psgee m rs mnbisla Form 3D28 1/D1 <br />