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�oioo�s�5 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any af�iliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive fram (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the rnortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share pf 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 agrced to pay for <br />Mortg�ge Insarance, or any other terms of the Loan. Such agreements will not inerease the amount <br />Borrawer will owe for Mortgage Insarance and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not af't�ect the rights Borrower has - if any - wiW respect to the <br />Mortgage Insurance under the Homeowners Protectiion Act of 199$ or any other law. These rights <br />may include the right to receive certain disclosure.s, to request and obtain 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 Miscell�neaus Proceeds; Forfeiture. All Miscellaneous Proc�s are hereby <br />assigned tp and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration oar 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 period, Lender shall have the �ght to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the wark has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promiptly. Lender may pay far the <br />repairs and restoration in a single disbursement 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 />Miscellaneaus Proceeds, Lender shall not be require� to pay Bonawer any interest or earnings on such <br />Miscellaneous Proce�ds. If the restoration or repair is not econo�nically feasible or L,ender's security would <br />be lessened, the Miscellaneous Praceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applie�i 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 />Procceds shall be applied to the sums secured by this Security Instnunent, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or lass in value of the Property in which the fair market <br />value of the Property imrnediately before the partial taking, destruction, ar loss in value is equal to or <br />greater than the amount af the sums secured by this Security Instrument immediately before the partial <br />taldng, destruction, or loss in value, unless Barrawer and Lender otherwise agree in writing, the sums <br />secured by this Security Instnunent shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplie� by the following fraction: (a) the total amount of the sums s�cured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />ixnmediately before the partial taldng, destruction, or loss in value. Any balance shall be paid to Sorrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in wh�ch the fair market <br />value of the Property irnrnediately before the partial taking, destruction, or loss in value is less than the <br />amount of the surans secured imrnediately before the partial taking, destructian, ar lass in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this 5ecurity Instrument whether or nat the surns are then due. <br />If the Property is abandaned by Borrower, or if, after notice by Lender ta Borrawer that the <br />Opposing Party (as defined in the next sentence) offers to rnake an award to settle a claim for damag�s, <br />Sorrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restpration or repair of the Property or to the <br />sums seeured by this Security Instrument, whecher or nat then due. "Opposing Party" rneans the third party <br />that owes Banower Miscellaneous Proceeds or the party against whom Borrawer has a right of action in <br />regazd to Miscella�neous Proceeds. <br />Borrower shall be in default if any actian or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgrnent, could result in forfeiture of the Property or other material impairment of I.ender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannle MaelFreddie Mac UNIFORM INSTRUIVIEN7 ��( <br />�-6�NE) los��� Pape 9 of 15 in�c�ais: �' "- Form 3028 7/01 <br />� <br />�, • . a F h . , . �g <br />