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20100�733 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any af�liate of any of the foregoing, may receive (directly or indirectly) amnunts that <br />derive from (or might be chazacterized as) a portion of Borrower's payrnents for Mortgage Insurance, in <br />exchange for shazing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an, affiliate of Lender takes a shaze of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often ter�ned "captive reinsurance." Further: <br />(a) Any such agreeanents will not affect the amoants that Borrower has agreed to pay for <br />Mortgage Insarance, or any other terms of the Loan. Such agreements will not increase the amoant <br />Borrrower will owe for Mortgage Insurance and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not aft the nghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Hameowners Frotection Act of 1998 or any other law. These rights <br />m�y include the right to receive certain disclosures, to reqaest and abtain cancellation 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 />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds aze hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied ta restoration or repa�ir of <br />the Property, if the restoration or repair is economically feasible and Len�der's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Procceds <br />until Lender has had an opportunity to inspect such Praperty to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken prornptly. Lender may pay far the <br />repairs and restoration in a single disbursernent or in a series of progress payments as the work is <br />completed. Unless an agreernent is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Procee�ls, Lender shall not be required ta pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not econamicaily feasible or Lender's security would <br />be lessene�i, the Miscellaneous Proceeds shall be applied to the sums secw by this Security Inscrum�ent, <br />whether or not then due, with the excess, if any, paid to Borrower. 5uch Miscellaneous Proceeds shall be <br />applied in the order provided for in Sactian 2. <br />In the event of a total taldrig, destruction, or loss in value of the Property, the Miscellaneous <br />Proc�ds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In th� event af a partial taking, destruction, or loss in value of the Property in which the fair nnarket <br />value of the Property immediately before the partial taldng, destruction, or loss in value is equal to or <br />greater than the am:ount of the siuns secured by this Security Ir►strument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and I.ender otherwise agree in writing, the surns <br />secured by this Security Instrument shall b� reduced by the amount of the Miscellaneous Proce�ds <br />rnultiplied by the following fraction: (a) the tatal amount of the sums secure� immediately before the <br />partial taking, destructian, or loss in value divide.cl by (b) the fair marlcet value of the Property <br />irnrnediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the eveat of a partial taking, destruction, or loss in value of the Pmperty in which the fair market <br />value of the Property irnrnediately before the partial taking, destruction, or lass in value is less than the <br />amount of the sums se�ured immediately before the partial taking, destruction, or lass in value, unless <br />Barrower and Lender ocherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <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 ta Borrower that the <br />Opposing Party (as de�ned in the next sentence) offers to malce an award to settle a claim for damages, <br />Borrower fails to respond ta Lender within 30 days after the date the notice is given, L.ender is authorized <br />to callect and apply the Miscellaneous Procceds either to restoration or repair of the Property or ta the <br />sums secured by this Security Instrument, whether or not then due. "Oppasing.Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regazd to Miscellaneous Procceds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />I.ender's judgrnent, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Se.curity Instrument. $orrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/1=reddie Mac UNIFORM INSTRUM�N7 ,� ,.�,,�,� <br />�-6�NE) �aa� �� ra�e 9 of �5 �nic�a�s: �r/�%/•;{�,� Farm 3028 1/01 <br />� �� <br />Y, • e <br />,�y � ; 4� R► ` . .a d <br />