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2oioo2sii <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, a>ry reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectty) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments far Mortgage Insurance, in <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 shave 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 such agreements wiU 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 inc[r~tse the amount <br />Borrower will owe for Mortgage Irrsnrance, and ~y wilts not entitle Harrower to any rYfnnd. <br />(h) Any slrch agreements will not a[fect the rights Borrower bas - if any -with reaped to the <br />Mortgage Insurance under the Bomeowners A otection Act of 1998 ar any other law. These rights <br />may include the right to recelve certain disclasmes, t4 request and obtain cancellation of the <br />Mortgage Insurance, to have the Martg~e Ince terminated aantomatically, and/or to reeve a <br />refulnd of any Mortgage Insnrance preminms that were un~rrned at the time of soh ~latiorr or <br />termination. <br />11. Assignment of MisceQaneous Proceeds; Forfcdture. All Miscellaneous Proceeds are hereby <br />assigned to std shall be paid to Lender. <br />Tf the Property is damaged, such Miscellaneous Proceeds shall be applied W resWration or repair of <br />the Property, if the restoration, or repairrs economically feasible and Lender's security is not lessened. <br />luring such repair and restoration period, Lender shall have the 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 inspection shall be ~ promptly. Lender may pay far the <br />repairs std restoration in a single disburseuLent or in a series of progress payments 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.ettder shall Trot be required to pay Borrower arty interest or earnings on such <br />Miscellaneous Proceeds. If the restoration nr repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instruruertt, <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 Z. <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 ices in valne of the Prsoperty in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss itt value is equal to 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 Insavrmcnt 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 taking, destruction, or loss in value divided by (b) the fair market vahre of the Property <br />itntriediately before ~e partial taking, 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 <br />value of tbe Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower std Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether of not the sums are them due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defuxed in the next sentence) offers to make an 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 restoration or repair of the Property or W the <br />sums secured by tluis Security Inswment, whether ar not then due. "opp~irg Party" rrieans 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 action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material im~irment of Lender's <br />interest in the Property or right`s under this Security Iostnurruent. Borrower can cure- such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />NEBRASKA -Single FemilY - ~~ ~ Mst: UNIFORM INSTRUMIEii!'1' W17F1 M /,/ <br />~~AINE) roatal Page s at t s ~ry~s:~ ~ Form 3D28 1/D1 <br />~I I~~II~~~t~~~S~I~~II~I~~ I, <br />