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�oioo7s5� <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, ar 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 ar 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 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 ta pay for <br />Mortgage Insurance, ar any ather terms of the Loan, Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the� will not entitle gorrower to any refund. <br />(b) Any such agreements will not affect the r�ghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners 1'rotection Act of 1998 or any other law. These rights <br />may indude the right to receive certain disclasures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund af any Mortgage Insurance premiums that were anearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid ta Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and I.,ender's security is not lessened. <br />During such repair and restoration periad, L.ender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender rnay pay for the <br />repairs and restoratian in a single disbursement or in a series of progress payrnents 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 restaration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this 5ecurity Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the arder provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Praceeds shall be applied to the surns secured by this Securiry Instrurnent, whether or not then due, with <br />the excess, if any, paid to Barrawer. <br />Tn the event of a partial taking, descruction, or loss in value of the Property in which the fair market <br />value of the Property irnmediately 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 lass in valus, unless Barrower and I.�nder otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the follawing fraction: (a) the total amount of the sums secured immediately befare the <br />partial taking, destruction, nr loss in value divided by (b) the fair market value of the Property <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 falr market <br />value af the Property immediately befare the partial taking, destruction, or lass 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 Miscellaneous Praceeds shall be applied ta the sums <br />secured by this Security Instrument whether or not the surns 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 defined in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />Co collect and apply the Miscellaneous Froceeds either to restoration or repair of the Froperty or to the <br />surns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Barrower has a right of action in <br />rsgard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun Chat, in <br />L.ender's judgment, 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 />�-6�NE) loao�l.o2 <br />Page 9 of 15 <br />r �,\ <br />�sis: � <br />! � � O <br />0].10303504 <br />Farm 3p28 1/p1 <br />