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2Q10U'7478 <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) amouz�ts that <br />derive from (or rnight be characterized as) a portion of Borrower's payrnents for Martgage Insurance, 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 the insurer's risk in exct�ange for a share of the <br />prerniwns paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amaunts that Borrawer has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Sach agreements wil� not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affe.ct the rtghts Sorrower has - if any - wyth respect to the <br />Mortgage L�surance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right to re�eive certain disclosures, to request and obtain cancellation of the <br />Mortga�e Insurance, to have the Mortgage Insurance terrainated autamatically, and/or to receive a <br />refund af any Mortgage Insarance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous P�'occecls; Forfeiture. All Miscellaneous Proceeds az'e hereby <br />assigne�l to and shall be paid to Lender. <br />If the Propearty is damaged, such Miscellaneous Proceeds shall be applied ta restoration or repair of <br />the Property, if the restoratian or 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 opparlunity to inspe�t such Praperty to ensure the work has been complet� to <br />Lender's satisfaction, provided that such inspection shall be undertaken proxnptly. Lender may pay for the <br />repairs and restoration in a single disbursernent or in a series of progress payrnents as the work is <br />completed. Unless an agreement is rmade in writing or Applicable Law requires interest to be paid vn such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such <br />Miscellaneous Proceecls• If the restpration or repair is not econamically feasible or Lender's s�urity wauld <br />be lessened, the Miscellaneaus Proceeds shall be applie� to the sums secured by this Secuurity Instruznent, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Froc�eds 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 surns secured by this Security Instnunent, whether or nat then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value pf the Praperty i�n which the fair market <br />value af the Property irnrnediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instarument shall be reduced by the amount of the Miscellaneous Proceecis <br />multiplied by the following fraction: (a) the total arnount of the sums secured immediately before the <br />partial taking, destruction, or lass in value divided by (b) the fair market value of the Property <br />irnmediately before the partial taking, destruction, or loss in, value. A�ny balance shall be paid to Barrower. <br />In the event of a partial taking, destruction, or loss in value af the Property in which the fair market <br />value of th� Property imme�iately before the partial taking, destruction, or loss in value is less than the <br />amount af the sums secured immediately before ttxe partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secwred by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Pariy (as defined in the next sentence) offers to make an award to settle a claim for damages, <br />Borrawer fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to coll�ct and apply the Miscellaneous Proceecls either to restoration or repadr of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Pazty" m�ans the tnird partY <br />that owes Borrower Miscellaneous Proce�ds or th.e party against whom Borrower has a right of action in <br />regard to Miscellaneous Praceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />�.,ender's judgrnent, could result in forfeiture af the Property or other material ixnpairment of Lender's <br />interest in the Property ar rights under this 5ecurity Instnunent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-BINE) 1oet�1 psce s of is �nit+ais: �� Form 5028 1/01 <br />� <br />�► 1 fi �` � �q .. r' <br />