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2oioo��ss <br />L.erider providing for such ternnination or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligatian to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) fpr certain losses it may incur <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk an 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 tern�s and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may have available (which may 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 <br />entity, or any affiliate of any af the fpregoing, rnay receive (directly or indirectly) amounts that derive from (or might <br />be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the rnortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tez�med <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Bvrrower has agreed to pay for Mortgage <br />Insurance, or any other terms af the Loan. Such agreements will not increase the arnount Borrower will owe <br />for Mortgage Insurance, and they will not entitle Borrower to any reYund. <br />(b) Any such agreements will not affect the rights Borrawer has - if any - with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any ather law. These rights may include the right <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Ynsurance ternunated automatically, and/or to receive a refund of any Mortgage Insurance premiums <br />that were unearned at the time of such cancellation or termination. <br />11. Assignmeant of Miscellaneous Proceeds; �'orfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, L.ender shall have the right to hold such Miscellaneaus Proceeds until Lender has had an <br />oppoz�Cunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall be undertaken promptly. I.ender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payrnents as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, L.ender shall not be required ta pay Borrower any <br />interest or earnings on such Miscellaneous Proceeds. If thc restoration or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds sh�ll be applied to the sums secured by this Security <br />Instrurnent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />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 <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property imrne�iately before the partial taking, destruction, or loss in value is equal to or greater than the arnount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this 5ecurity Instrument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total arnaunt of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property immediately before the partial taking, 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 af the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless $onower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the surns secured by this Security Instrument whether <br />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 Opposing Party (as <br />defined in ihe next sentence) offers to mak� an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the suzns secured by this Security Instniment, whether <br />or not then due. "Opposing Party" means the third party that owes Borrawer Miscellaneous Proceeds or the party <br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds. <br />Bprrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgrnent, could result in forfeiture of the Property or other material irnpairment of Lender's interest in the Property <br />or rights under this Secnrity Instrument. Borrower can cure snch a default and, if acceleration has accurred, reinstate <br />as pravided in Section 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Froperty ar other rnaterial impairment of Lender's interest in the Property or <br />rights under this Security Instrument. The proceeds of any award or claim for darnages that are attributable to the <br />impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restpration or repair of the Property shall be applied in the <br />order provided for in Sectian 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment nr <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br />NEBRASKA--Single Family--Fannie MaelFreddie Mac UNIFQRM INSTRUMENT <br />Form 3028 1/01 Page B nf 1 1 <br />bpcMaglc � aoa-sas-�sss <br />www.docrosgic.c <br />f:i#:�r?:Z'f4F3�! <br />