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201005931 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, arty rcinsurer, <br />a~ other artity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (ar might be characterized as) a portion of Borrower's paytncnts for Mortgage Insurance, in <br />exchange for sharing ar 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 far a share of the <br />premiums paid to the insures, the arrangemart is oftar termed "captive reinsurance." Further: <br />(a) Auy arch agreements will not affect the amounts that Borrower has agreed bn pay for <br />Mortgage Insurance, or arry older terms of the Loan. Such agreeme>tts will rot increase the amop~at <br />Borrower will o~ve for Mortgage Insurance, and thry will not e>rtitle Horrnwer bo a~ refused. <br />(b) Any such ~rgreements will not affect We rights Borrower has - if anry -with respect to the <br />Mortgage Ltatrance under the Homeowners Protection Act of 1998 or any other law. These dgbb <br />may indnde the right bn receive certain disdasures, to request and obtain cancellation of the <br />Mortgage Insurance, to have Hre Mortgage Insurance terminated aubomaHcatly, aad/ar to receive a <br />refund of any Mortgage Insurance preudnms that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellayxeau~s Prvecods are hereby <br />assigned to and shall be id to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to trstoxation or repair of <br />the Property, if the restoration or repaiu- is economically feasible and Lcndrx's security is not lessared. <br />During such repair s~ restoration period, Lender shall have the right to hold such Miscrllatxaanrs Proceeds <br />until Lends bas had an opporitmity to inspect such Property to eosuore the work has been completed to <br />Lender's satisfactioq provided that such inspection shall he umle~ialcar P~PdY- Lender may pay for the <br />repairs and restoration in a single disbursement ar in a series of progress payments as the work is <br />completed. Udess an agreement is made in writing or Applicable La~v requires interest to be paid on such <br />Miscellaneous Proceeds, Leader shall not be required to pay Borrower any intdtist or earnings on such <br />Misccllancous Pr+nceods. If the restoration or repair is not economically feasible or Leruler's security would <br />be lessared, the Miscellaneous Proceeds shall be applied to the sums secured h3' this Security Insh~tmart, <br />whether or not than due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the aardes provided for in Section 2. <br />In the event of a total taking, destructioq or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether ar not then due, with <br />the excess, if any, Paid to Borrower. <br />In tbe event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property immediately before the partial taking, dcshuctioq ar loss in value is equal to nr <br />greater than the amount of the sums secured by this Security Instrumart immediately befrnre the partial <br />taking, destructioq or loss in vahre, unless Borrower and Lawler otherwise agree in writing, the stuns <br />secured by this Security Instrumart shall be reduced by the amormt of the Miscelhmeou~a Fr+oceeds <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 ~+ (b) the fair market velars of the Property <br />immediately before the partial taking, destruction, or loss in value. An3r balance shall be paid to Harrower. <br />In the event of a partial taking, destruction, or lose in value of tthhe Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, as 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 and LeardCr otherwise agree in writing, the Miscellaneous Proceeds sll~aa 11 be applied to the awns <br />secured by this Securiiy Instrumad whdher ar no+t the sums are than due. <br />If the Ptnpetty is abandoned by Borrower, or if, after notice by Lender to HorYawcr that the <br />Opposing Party (as defmad in the next sentarce) 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'giveq Lender is sutharixed <br />to collect and apply the Misccllancaus Pr+occeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not than due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Frrsceeds m the party against whom Borrower has a right of action in <br />regard to Miscellaneous Pxucceds. <br />Borrowtr shall be in default if any action ar Proceeding, whether civil ar criminal, is begun that, in <br />Lender's jadgment, could result in forfeiture of the Property ar other material impairment of Lender's <br />intu+est in the Property or rights under this Security Instturrrent. Borrower can cure such a default and, if <br />NEBRASKA- Skgle Fatuity - FanNaNsNFnddb Mac UNFaRM IN87RUNIBNT ~i1 <br />~~Mh7 roe++i Pro. a or ~ s It4.4 -~ Fornn 30yt Ut11 <br />