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20100332' <br />Lcndcr providing for such termination or until termination is required by Applicable Law, Nothing in this Section <br />10 affects Borrower's obligation tv pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (pr any entity that purchases the Note) for certain losses it may incur <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and <br />conditions that arc satisfactory to the mortgage insurer and the other party (vr parties) tv these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage inswer <br />may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lcndcr takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will npt increase the amount Borrower will owe <br />for Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - ii any -with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right <br />to receive certaln disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insuwance premiums <br />that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds sha116e applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. Duriug such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall be undertaken promptly, Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest tv be paid on such Miscellaneous Proceeds, Lcndcr shall not be required to pay Borrower any <br />interest or earnings vn such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or <br />Lender' s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether yr not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />be applied in the order provided for in Section 2. <br />]n the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied tv the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Borrower and Lcndcr otherwise agree in writing, the sums secured by this Security Instrument shall be reduced <br />by the amount o£ the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, yr Ivss iu value divided by (b) the fair market value of the <br />Property immediately before the 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 value of <br />the Property immediately before the partial taking, destruction, yr loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied tv the sums secured by this Security Instrument whether <br />or not the sums arc then due. <br />If the Property is abandoned by Borrower, ar if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award tv settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether <br />yr not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom $orrower has a right of action in regard W Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lcndcr's interest in the Property <br />or rights under this Security Instrument, Borrower can cure such a default and, if acceleration has occurred, reinstate <br />as provided in Section 19, 6y causing the action or proceeding to be dismissed with a ruling that, in Lcndcr's <br />judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or <br />rights under this Security instrument. The proceeds of any award or claim for damages that arc attributable to the <br />impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />12. Borrower Not Released; Fprbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br />NEBRASKA--Single Family--Fannie MaelFreddia Mac UNIFORM INSTRUMENT DocMaylc eao-e~9aaex <br />Farrn 3028 1/01 Page B of 11 www.docrosgl¢com <br />/~ <br />