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2oioo�5�5 <br />As a result of these agreeznents, L.ender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) amounts that <br />derive from (or rnight be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange fnr sharing or rnodifying the rnortgage insurer's risk, or reducing losses. If such agreement <br />provides that an af�liate of Lendcr takes a share of the insurer's risk in exchange for a share of the <br />premiur►is paid to the insurer, che arrangement is often termed "captive reinsurance. " Further: <br />(a) Any such agreements wiil not affect the amounts that Borrower has agreecl to pay for <br />Mortgage Insurance, or any other terms of the Loan. Sach agreements will not increase the amount <br />Borrower will owe far Martgage Insurance, and they will not entitle Borrowear to any refund. <br />(b) Any sach agreernents will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insarance undex the Homeawners Protectian Act of 1498 or any other law. These rights <br />may 'rnclude the right to receive certain dlsclosures, to request and obtain CanCCllation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />1�. Assignment of Miscellaneous Procceds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeats shall be applied to restoration ar 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, Lender shall have the right to hold such Miscellaneous Proceeds <br />until I,ender has had an opportunity ta inspect such Property to ensure the work has been connpleCed to <br />Lender's satisfaction, providal that such inspection shall be undertaken promptly. Lender rnay pay for the <br />repairs and restaration in a single disbursernent 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 or earnings on such <br />Miscellaneous ProcEeds. If the restoration or repair is not economically feasible or I.ender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums securad by this Security Instrument, <br />whether or not then 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 S�urity Instrument, whether or not then due, with <br />the excess, if any, Paid ta Borrower. <br />In the 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, destruetion, or loss in value is equal to or <br />greater than the amount of the sums secured by this Se�writy Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the swms <br />secured by this Security Instrument shall be reduced by the arnount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the surns secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair max'ket value of the PropeRy <br />immediately before the 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 market <br />value of the Property imrr►eriiately befare the partial taking, destruction, or 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 Lender otherwise agree in writing, the Miscellaneaus Praceeds shall be applied to the surns <br />secured 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 Party (as de�ned in the next sentence) offers to make an awazd to settle a clairn for darnages, <br />Bonower fails ta respond to Lender within 30 days after the date the notic� is given, Lender is authorized <br />to colle�t and apply the Miscellaneous Proceeds either to restoration oar repair of the Property ar to the <br />sums se�ured by this Security Instrurnent, vr+hether or not then due. "Opposing Party" means the third party <br />that owes Barrower Miscellaneous Proceeds or the party against whonn Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or crirninal, is begun that, in <br />L.ender's judgment, could result in forfeiture of the Property or otlxer mat�rial impairment of Lender's <br />interest in the Property or rights under this Seeurity Instrument. Borrower can cure such a default and, if <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMEN7 <br />�-6(NE�(osttl Pege9of16 n�ctais: Form3028 7/U7 <br />� <br />--._ �,e'�, <br />� �} � � �fi .. <br />