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201006053 <br />As a result of these agreements, Lender, arty purchaser of the Note, another inswrer, any reinsurrr, <br />any other entity, ar arty affiliate of arty 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 Insurance, in <br />exchange far sharing or modifying the mortgage insurer's risk, ar redudng 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 insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the arnoiutts that Borrower has agreed to pa for <br />Mortgage Insurance, ar any other terms of the Luau. Such agreements will not Increase the amount <br />Borrower vui"ll awe for Mortgage Inswrance, and thex will not entitle Borrower to qty refttttd <br />(l>') Any such agreements wall not affect the rights l3cerrawer has - if any - 7w th respect to the <br />Mortgage ~ce tinder the Homeowners Pratectian Act of l99$ or airy other law. These rti is <br />may include the right to receive certain disclosures, to request and obtalrt cancellation of~the <br />Mortgage Insurance, to have the Mortgage In~+~.ance terminated automatically, and/or to receive a <br />refund of arty Mortgage Ittsuarance premituns that were unearned at the time of sorb canoellatlott ar <br />termitnttian. <br />11. Assignment of Miscellaneous Proceeds; Forfelttue. All Miscellaneous Proceeds are hereby <br />assigned to and shall be ppaaitd to Lender. <br />If the Property is du-laged, such Miscellaneous Proceeds shaII be applied to restoration or repair of <br />the Property, if the restoration ar repair is economically 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 Lender has had an opportunity to inspect such Proppeerty to ensure the work has been completed w <br />Lender s satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay far the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made irx writing yr Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, lender shall not be required to pay Harrower any interest ar earnings on such <br />Miscellaneous Proceeds. If the restoration nr repair is not economically feasible ar Lender s security would <br />be lessened, the Miscellaneous ProCV~eds shall 6e applied to the Burns secured by this Security Instrument, <br />whether or not then due, with the excess, if arty, paid to Borrower. Such Miscellaneous Prncfsrds shall be <br />applied in the arder provided for in Section 2. <br />In the event of a total taking, :destruction, ar loss in value of the Property, the Miscellaneous <br />Prooeeds shall be applied to the sums secured by this Security Instrument, whether or oat then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, nr lass In value of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, ar lass in value is ual to or <br />greater than the amount of the sutras, secured by this Security Instrument immediately before fire partial <br />taking, destruction, ar loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Froceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured ittmaediateiy before the <br />partial taking, destruction, or loss in value divided by (b} the fair market value of the Property <br />immediately before the partial taking, ~ destruction, ar lass in value. An balance shall be pall to Borrower. <br />In the event of a partial taking, destruction, ar loss in value of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or lass in value is less than the <br />amount of the sttms secttred immediately before the partial taking, destruction, or lass in value, unless <br />Harrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied W the sums <br />secured by this Security Instrument whether nr not the sutras are then due. <br />l'f the Property is abandoned by Borrower, ax if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails td respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscetlaneaus Proceeds either to restoration or repair of the Property ar to the <br />sums secured by this Security Ittstrttrtient, whether or rant then due. "Opposing Party" means the third party <br />that awes Borrower Miscellaneous Proceeds or the party against wham I3arrnwer has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if arty action ar proceeding, whether civil or criminal, is begun that, in <br />Lendex's fudgment, Could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as; provided in Section I9, by causing the action or proceeding to be <br />t38gg859219 88gg8~927.9 <br />i~1~tiRASIGI -Single Family -Fannie MaNFredd~ Mac UNIFQRM INSTRUMENT WI <br />~6A(NEltaaiol Page9of 15 ~Illd~ ~ Farm 3028 9lD1 <br />