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20100212 <br />(a) Any such agreements will not affect the amounts that Burrower has agreed to pay for Mortgage Insurance, or any <br />other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they <br />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 Mortgage Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights msy include the right to receive certain disclosures, <br />tv request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, <br />and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be <br />paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lender's security is not lessened. Auring such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is 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 earnings on such Miscellaneous <br />Proceeds. If the restoration or 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 excess, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided far in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to <br />the sums secured by this Security Instrument, whether or not then due, with 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 market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the stuns secured <br />by this Security Instrument immediately before the partial taking, destruction, or lass in value, unless Borrower and Lender <br />otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous <br />Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, 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 value of the Property <br />immediately before the partial taking, .destruction, ar loss in value is less than the amount of the sums secured immediately <br />before the partial taking, destruction, or loss in value, unless Harrower and Lender otherwise agree in writing, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then <br />due. <br />If the Property is abandoned by Borrower, or if, afternotice by Lender to 1orrower that the Opposing Party (as defined in <br />the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 3D days <br />after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or <br />repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means <br />the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has aright of action in regard <br />to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, <br />could result in forfeiture of the Property or other material impairment of Lender's interest in the Property ar rights under this <br />Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section l9, by <br />causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property <br />or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any <br />award ar claim for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned and <br />shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />Nt's9RASKA -Single Family -Fannie MaelFraddie Mac UNIFORM INSTRUMENT <br />-8(NE) loenl Page 8a11M1 mmab: Form 1028 1101 <br />ADS-NE9 <br />i~na~~erwinr~~ <br />