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<br /> <br /> <br /> <br /> <br /> 201004976 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> :'(a) ,Any such agreements will,nobaffect the amounts that Borrower has agreed to flay 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 i <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 may include the right to receive certain disclosures, <br /> to 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 l'roceedii; Forfeiture All Mrscollanoous Proceeds are hereby assigned : to ~aud-shall be'., <br /> paid to Lendex. <br /> If the Property is,gamaged .:such Miscellaneous Proceeds shall be appli <br /> ed to restoration dr repair of the Property, if the <br /> restoration or, repair is .economically feasible and Lender's. security is not lessened. During such -repair and. resCoxatibu period, I <br /> Lender shall have the right to'-hold sued Miscellaneous . Proceeds' until Lender has had an opportunity to inspect such' : J <br /> Property to ensure the work; has been completed to Lender's satisfaction, provided that such inspection S.11811 be uridertaken <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 L)tJess an agreement "is 'riiade' 'in lvrititig of Applicable 'Law requires interest , to be paid an such <br /> Miscellaneous Procec6, 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 for 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 /> l <br /> In the event ore 'partial taking, destruction; or loss 'invalue of the Property in which the fair market value of.the Property <br /> immediately befog the partial taking, destruction, ' by loss in value. is equal to or greater than the amount of the -sums secured <br /> by this Security lnstrument immediately before the.partial taking, destruction, or loss 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, or loss in value is less than the amount of the sums secured immediately . <br /> before the partial' taking, destruction,. or loss in value', unless Borrower 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, after notice by Lender to Borrower that the Opposing Party (as defused in <br /> the next sentence) offers.to make an award. to settle a claim for damages, Borrower fails to respond. to Tender within 30 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 Borrower1as a right of action in regard <br /> i <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 or rights under this <br /> Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, 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 or claim for damages that, are 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 /> NEBRASKA - Single Family -Fannie MadFreddie Mae UNIFORM INSTRUMENT <br /> 4 -8(NE) (0811) Page s of H ma a.a Form 3028 1101 <br /> m <br /> DE&M9 <br /> • 1111111 IIII illll 11111 1111111 l~l llil 11111 III IIIII IIIII IIIII IIIII III IIII <br /> ODOONE9622306 <br /> I <br /> I <br /> I <br />