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�010O'7�85 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ocher 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 Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Tf such agreement <br />providss that an affiliate of Lender takes a share of the insurer's risk in exchange for 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 amounts that Borrower has agreed to pay far <br />Mortgage Insurance, or any other terms af the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Iansurance, and the� will not entitle Borrowex to any refund. <br />(b) Any such agreements will not affect the r�ghts Sorrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Prot.�ction Act of 1998 or any other lavv. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation aF the <br />Martgage Insurance, to have the Mortgage �nsurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premianns that were unearned at the time of such cancellat3on or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeitare. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellazieous Froceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened, <br />During such repair and restoration period, I.ender sha11 have the right to hold such Miscellaneous Froceeds <br />until I.ender has had an opportunicy to inspect such Property to ensure the work has been completed to <br />I ender's satisfaction, provided that such inspection shall be undertaken promptly. Lender rnay pay for 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 in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest ar earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not ecanomically feasible or I,ender's security would <br />b� lessened, the Miscellaneous Proceeds shall be applied to the surns secured by this Security Instrurnent, <br />whether or not Chen due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />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 <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrovver. <br />In the event of a partial taking, destruction, or lass in value of the Property in which the fair maxket <br />value of the Property immediately before thc partial taking, destruction, ox loss in va�ue is equal to or <br />greater than the amount of the sums secured by this Security Instrument imrnediately before the partial <br />taking, destzuction, or loss in value, unless $orrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument sha]1 be reduced by the amount of the Miscellaneous Proceeds <br />rnultiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair marlcet value of the Property <br />immediately before che partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair rnarket <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the surns secured irnrnediately before the partial taking, destruction, or loss in va�ue, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the surns <br />secured by this Security Inscrument whether or not the sums are then due. <br />If the Praperty is abandoned by Borrower, or if, after notice by I,ender to Boz�rower that the <br />Opposing Party (as de�ned in Che next sentence) offers to make an award to settle a claim for darnages, <br />Borrower fails to respond to Lender within 30 days after the dat� the notice is given, Lender is auchorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />surns secured by this Security Instrument, whether or not then due. "Opposing Party" rneans the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right af action in <br />regard to Miscellaneous Proceeds. <br />Barrawer shall be in default if any action or proceeding, whether civil or crirninal, is begun that, in <br />L.end�r's judgment, could result in forfeiture of the Property or other material impairment of I.cnder's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA -$ingle Family - Fannie MaelFreddie Mac UNIFORM INSTRUM@NT ��"" <br />�-6�NE) �psi �1 Page 8 of 16 inmais: . Form 3028 7/07 <br />� <br />!i � ,. e � „. ° .. <br />