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2oioo�7�1 <br />491014387 <br />required to pay Borrower any intet'esC or earnings on such loss reserve. I.ender can no longer require loss reserve paymenCs if <br />Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Tnsurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such terminatian pr until <br />termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is nat a party to the Mortgage Insurance. <br />Mortga�e insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <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 mortgage insurer and the othcr party (or parties) to these agreements. These agreements may require <br />the martgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortga�e Insurance, in exchange far sharing or modifying the mortgage insurer's risk, <br />or reducing losses. If such agreement provides that an af�liate of T,ender takes a share of the insurer's risk in exchange for a <br />share of the premiums paid to the insurer, the acrangement is often termed "captive reinsurance." Further; <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, <br />or any other terms of the Loan. Such agreements will not increase the amaunt Borrower will owe for Mortgage <br />Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not aft'ect the rights Borrower has - if any - with respect to the Mortgage <br />Insurance under the Homeowners Protection Aet of 1998 or any other law. These rights may include the right to receive <br />certain disclosures, to request and obtain cancell�tion of thc Mortgage Insurance, to have the Mortgage Insurance <br />term3nated automatic�lly, and/or to receive a refund of any Mortga�;e Insurance premiums that wcre une�rned at the <br />time of such cancellation or terminatian. <br />11. Assignment of Miscellaneous Praceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or r�pair is econamically feasible and Lender's security is not lesscned. Durin� such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbur5ement 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 Miscellaneous <br />Proceeds, Lender shall not be r�quired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's securiry would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with th� excess, if any, paid to Borrower. <br />Such Miscellaneous Procecds shall be 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 Proceeds shall be applied <br />to the sums secured by this Security Instrument, whcther or not then due, with the excess, if any, paid to Sorrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sutns <br />secured by this Security Instrument immediately before the partial taking, destruction, ar loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall 6e reduced by the amount of the <br />Miscellaneous Proceeds multiplied 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 market value of the Property immediately before the partial <br />taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />NEBRASKA--Singlc Family--Fannie Mae/Freddie Mac UN1FdRM iNSTRUMENT <br />� 338.2 Pagc 7 of l2 Form 3028 1/Ol <br />[ �v <br />�y�' <br />�� <br />� <br />