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201407868 <br />, � � <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any affiliate of any of the foregoing, may receive (directly or indire�tly) amaunts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for shazing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides tl�at an af�iliate of Lender takes a share of the insurer's risk in exchange far a shaze 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 ta pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amoant <br />Borrower will owe for Mortgage Insurance and the� will not entitle Borrower to any refund. <br />(b) Any sach agreements will not aft the rights Borrower has - if any - with respect to the <br />Mortgage Insurance ander the Homeawners Protection Act of 1998 or any other law. These rights <br />may inclade the right to receive certain disclosures, to rec�uest and obtain cancellation of the <br />Mortgage Insarance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the tjme of such cancellation ar <br />termination. <br />11. Assignment af Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoratian or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the night to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been complete� to <br />L.ender's satisfaction, provided that such inspe�tian shall be undeRaken promptly. Lender rnay pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />cornpleted. Unless an agreennent is made in writing or Applicable I.aw requires interest to be paid on such <br />Misc.�llaneous Procceds, Lender shall not be required to pay Boar�ower any interest or earnings on such <br />Miscellaz�eous Proceeds. If the restoration or repair is not economically feasible or L.ender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the suxt�s secured by this Security Instrument, <br />whether or not then due, witt� the excess, if any, paid to Borrowear. Such Miscellaneous Proceecis shall be <br />applie� in the arder provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Praperty, the Miscellaneous <br />Procee�is shall be applied to the surns secure�l by ihis Security Instnunent, whether or not ihen due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partia,l taking, destruetion, or loss in value of the Property in which the fair xnarket <br />value of the Praperty immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the amaunt of the surns secure� by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and I_ender otherwise agree in writing, the suzns <br />secured by this Security Instivment shall be reducEd by the amaunt of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total arnount of the sums secured imrnediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair rnarket value of the Property <br />immediately before the partial taking, destructian, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destruction, or loss in value af the Property in which the �air market <br />value of the Property immediately before the partial taking, destruction, or loss 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 ott�erwise agree in writing, the Miscellaneous Proceeds shall be applied to the swns <br />secured by this Secuxity Instrument whether or not the sums are then due. <br />If the Property is abandaned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as de�ned in the next sentence) offers to make an award to settle a claim for damages, <br />Barrower fails to respond to Lender withiri 30 days after the date the notice is given, Lender is authorized <br />to callect and apply the Miscellaneous Proceeds either to restoracion or repair of the Property or to th�e <br />swns secured by this Security Insc�rument, whether or not then due. "�pposing Party" rneans the third party <br />that owes $orrower Miscellaneous Proc�eeds or the party against whom Barrawer has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun chat, in <br />I.ender's judgrnent, could result in forfeiture of the Property or other material irnpairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />�-B�NE) (oat t1 PagB 9 Of 16 inniais: Form 3028 1/01 <br />� <br />:+ � °�'�� ... � <br />� <br />i � . <br />�J <br />