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t r ~~ <br />2oioo2490 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, ar any affiliate pf any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Botxawer's payments for Mortgage Insurance, itt <br />exchange for 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 insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any sorb 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 wilt not increase the amount <br />,Borrower will awe for Mortgage Insurance and they will not entitle Borrower to and refund. <br />(h) Any such agreements will not afi~ect the ~nghts Barrows has - if any -with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disrlosvres, to request and obtain; cancellation of the <br />Mortgage Insurance, to have We Mortgage Insurance terminated automatically, and/or to receive a <br />1'enmd of any Mortgage Insurance premiums that were unearned at the tfine of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be aid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if We restoration or repair is economically feasible and Leader's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Leader has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection steal! be undertaken promptly. Lender may pay far tho <br />repairs and restoration in a single disbursem~etu or in a series of progress paytne~nts as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, I..ender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is npt economically feasible or Fender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the stuns 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 the event of a total taking, destruction, 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 market <br />value of the Property irtunediately before the partial taking, destruction, or loss in value i$ equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />t~akiu$, destruction, or loss in value, unless Borrower and Lender otherwise. agree in writing, the sums <br />secured by this Security Instrument shalt. be t~educed 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 taking, destruction, or loss in value divided by (b) the fair tna~cket value of the Property <br />unmediately before the partial takir~, destruction, or loss in value. Any balance shall be aid to Harrower. <br />In the event of a partial taking, destruaion, or Ions in value of the Property. itt which the fair market <br />value of the Property immediately before the partial taking. destruction, or lass in value is less than the <br />amount oP the sums secured imnnediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Fender othetvvise agrees In writing, the Miscellaneous Proceeds shall be applied to the sums <br />s~'ed by this Security lnsttttt~nt whether or not the terms are then due. <br />If the Property is abandoned by Harrower, or if. after notice by Lender to Harrower that the <br />Opposing Party (as defined in the next sentence) offers to make sa award to settle a claim for 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 txstoratlon or repair of the Property or to the <br />sums'secured by this Security Instrument, whether or not then due. "Opposing Parry" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be In default if any aaian ar proceeding, whether civil or criminal, is begun that., in <br />Lender's judgment, could result in forfeiture; of the Property ar other arnaterial impairment of Lender's. <br />Interest in the Property or rights under this Security hrstrument. Borrower can curve such.a default and, if <br />Paps 8 of t b t~prm 302$ 1'/01 <br />