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2oioo7�24 <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to pbtain caverage substantially aquivalent to the Mortgage Insurance previously <br />in effect, at a cost substantially equivalent to the cost to Borrower of the Martga�e Insurancc previously in effect, from an <br />alternate mortgage insurer selected by L,ender. If substantially equivalent Mortgage Insurance coverage is nat available, <br />Borrower shall continue to pay to L,ender the amount ofthe separately desi�;nated payments that were due when the insurance <br />coverage ceased to bc in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of <br />Mort�age Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in <br />full, and Lender shall not be rec�uired to pay Borrower any interest or earnings on such loss reserve. Lender can no longer <br />require loss reserve payments �f Mortgage Insurance coverage(in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br />payments toward the premiums for Mortgage lnsurance. If Lender required Mortgage Insurance as a condition ofmaking the <br />Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss <br />reserve, until I�ender's rec�uirement for Mortgage Insurance ends in accordance with any written agrecment between <br />Borrower and Lender prov�dmg for such termmation or until termination is required by Applicable I�aw. Nothing in this <br />Section 10 affects Borrower's obligatian to pay interest at the rate pravided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain Iosses it may incur if <br />Borrower does not repay th� Loan as agreed. $orrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time ta time, and may enter inta <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortga�e insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any sourca of funds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage lnsurance premiums). <br />As a result ofthese a�reements, Lender, any purchaser ofthe note, another insurer, any reinsurer, any other entity, <br />or affiliate of any ofthe foregomg, may receive (directly or indirectly) amounts that derive from (or mi�ht be characterized <br />as) a portion af Borrower's payments for Mortgage Tnsurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement prov�ded that an affiliate of Lender takes a share ofthe insurer's risk in exchan�;e <br />for a share ofthe premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amaants that Barrower has agreed to pay for Mortgage <br />Insurance, ar any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />Mortgage lnsurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Sorrower has — if any — with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. "T'hese rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated aatomatically, and/or to receive a refund of any Mqrtgage InsuranCe premiums that were <br />unearned at the time of sach cancellation or termination. <br />11. AssignmentofMiscellaneousProceeds;Forfeiture. AIIMiscellaneousProceedsareherebyassignedtoand <br />shall ba paid ta L.ender. <br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, I.,ender shall have the right to hold such Miscellanepus Proceeds until I..ender has had an opportunity to inspect such <br />Property to ensure the work has be�n completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series ofpragress payments as the <br />work is completed. Unless an agraement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellan�ous Praceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. Ifthe restoration or repair is not economically feasible or I.ender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this 5ecurity Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />ln the event of a total takin�, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. <br />In the event of a partial takin�;, destruction, or loss in value of the Property in which the fair market value af the <br />Property immediately before the partial taking, destruction, ar loss in value is equal to or greater than the amount ofthe sums <br />secured by this Security Instrument immediately before the partial taking, destructian, or loss in value, unless Borrower and <br />Lender ntherwise a�ree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied bythe following fraction: (a) the total amount ofthe sums secured immediatelybeforethe <br />partial taking, destruction, vr Ioss in value divided by (b) the fair market value ofthe Property immediately before the partial <br />takin�, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe <br />Property immediately before the partial takin�, destruction, or loss in value is less than the amount af the sums secured <br />immediately before the partial taking, destruction, or loss in value, unless Barrawer and C,ender otherwise agree in writing, <br />the Miscellaneaus Proceeds shal l be applied to th� sums secured by this Security Instrument whether or not the sums are then <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) of�'ers to make an award to settle a claim for damages, Borrawer fails to respond to [,�nder <br />within 30 days after the date the notice is given, Lender is authorized to callect and apply the Miscellaneous Proce�ds either <br />to restoration or repair of the Proparty or ta the sums secured by this Security Instrurnent, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneaus Proceeds. <br />Borrower shall be in default if any action or praceeding, whether civil or criminal, is begutt that, in Lender's <br />judgment, could result in forfeiture ofthe Praperty or other material impairment of Lender's interest in the Property or rights <br />under this Security Instrument. Borrower can cure such a default and, ifacceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forf�iture <br />ofthe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />proceads of any award or claim for damages that are attributable to the impairrnent of Lender's interest in the Property are <br />hereby assigned and sha(l be paid ta Lender. <br />All Miscellaneous Proceeds that are npt applied to restoration or repair afthe Property shall be applied in the order <br />provided for in Section 2. <br />12. Sorrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or <br />modiiication af amartization ofthe sums secured by this Security Instrument granted by C.ender to Sorrower or any Successor <br />in Interest of Borrower shall not operate to release the liability of Borrower ar any Successors in Interest of Borrower. <br />Lender shall not be required ta cammence proceedings against any Successor in Interest of Borrower ar ta refuse to extend <br />time for payment or otherwise modify amortization ofthe sums secured by this Security lnstrument by reason ofanydemand <br />made by the original Borrower or an� Successors in Interest of Borrower. Any forbearance by L,ender in exercising any right <br />ar remedy including, without limrtat�on, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />NF,RRASKA--Singlc Family--Fannie Mae/FredJic Mac IJNIFORM INSTRIIMENT (M�RS) <br />12439.CV (1/OS) 9U4495 <br />Form 3025 1/01 (page 5 af8 pages) <br />Creative Thinking, Inc. <br />GOTO(001 Zedf I ) <br />��� <br />