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201005570 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage IilSUranL'L', 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 share of 117e insurer's risk in exchange fur a share of the <br />premiums paid to the insurer, the arrangement is often tertncd "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has al;reed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not artitlc Borrower to any refund. <br />(b) Any such agrccrnerrks will trot affect the rights Borrower has - if any - wrt17 respect to the <br />Mortgage Insurance under the Homeowners Protu~ctiun Act of 199!3 or airy other la'w'. 1'hcse rights <br />may include the right to receive certain disclosures, to request and ol7tairr carrccllatiorr of khc <br />Mortgage Insurartcc, to have the Mortgage Itrsurancc kcrrnirtaled automatically, andlor to receive a <br />refund of any Mortgage L7surance premimns that were unearned at the time of such cancellation ur <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Misecllancous Procccds arc ltcrcby <br />assigned to and shall be paid to Lcndcr. <br />If the Property is damaged, such Miscellaneous Procccds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is cconornically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until bender has had an uppnrtnrtity to inspect such I'rupcrty to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lcndcr may pay for the <br />repairs and restoration in a single disbursement ur in a series of progress payments as the work is <br />completed. Unless an agreement is trrade in writing or Applicable Law requires interest to be paid ~n7 such <br />Misecllancous Proceeds, Lender shall nvt be required to pay Burrower any interest or can7ings un suc17 <br />Misecllancous Procccds, If the restoration or repair is not cconon7ically feasible or Lender's security would <br />be lessened, the Misecllancous Procccds shall be applied to the sums secured by ibis Security Inslrumcnl, <br />whether ar nut then due, with the excess, if any, paid to Borrower. Such Miscellaneous I'ruceeds shall be <br />applied it7 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 sccurcd by this Security Tnstrutnent, whether or not then due, with <br />the excess, if any, paid lu Borrower. <br />In the event of a partial taking, destruction, ar loss in value of the Properly in which the fair market <br />value of lire Properly irmnediatcly before the partial taking, destruction, or loss in value is equal to ur <br />greater than the amount of the sums secured by this Security Instrument irrunedialely belbrc the partial <br />taking, destruction, ur loss in value, unless Borrower and Lcndcr otherwise agree in writing, the sums <br />secured by llris Security Instrurncnt shall be reduced by the amount of the Miscellanevus 1'r~~cccds <br />multiplied by the following fraction: (a) the tidal amount ul' the swiss sccurcd irrunediatcly before the <br />partial taking, destruction, or loss in value divided by (h) the fair market. value oC t17e I'rvperty <br />irmnedialely before the partial taking, destntetion, or loss in value. An~y balance s17a11 be laid to Borrower. <br />In the evens of a partial faking, destruction, or loss in value of ll'c Property in wlucl7 the fair market <br />value of the Property imtnediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured irnrnedialely before the partial faking, deslruclion, or loss in value, unless <br />Burrower and Lender otherwise agree in writing, the Miscellaneous Procccds shall be applied to the sums <br />sccurcd by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, ai"ter notice by Lender Lo Borrower that. the <br />Opposing Party (as defined in the next sentence) offers to make an award lu settle a claim fur damages, <br />Burrower fails to respond to Lender within 30 days after Use date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair ul the Properly or to the <br />sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Procccds ur the party against whom Burrower 17a5 a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be In default ]f any action ur proceeding, whether civil ur criminal, i5 begun that, in <br />Lender's judgment, could result in forfeiture of the ['roperty or oll7er uraterial impairment uC Lender's <br />irrtcrest in the Property or rights under this Security instrument. Borrower can cure suc17 a default and, it <br />NEBRASKA - Sinflle Farrtily -Fannie Mao/Freddfe Mac UNIFORM INSTRUMENT ~ W "J I ' / <br />-B(NE) ~osi n Pogo ~ ar ~ 5 i~~s~~i6:CY~!! Form 302$ 9/01 <br />