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2 01U08i05 <br />As a result of these agreements, Lender, any purchaser of the Note, anotl�er inaurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amaunts that <br />derive from (or rnight be characterized as) a portion of Borrower's pay�ments far Mortgage Inswrance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate af Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often termad "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amnunts that Borrower has agreed to pay for <br />Mortgage Insurance, ar any ather terms o1' the Loan. Such agreements will not increase the amount <br />Borrower will owe [ar Mortgage Insurance, and th�y will not entitle Sorrower to any refund. <br />(b) Any such agreements will not aTTect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 ar any other law. These rights <br />may include the right to receive certain disclosures, to request and abtain cancellation af the <br />Martgage 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 are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneaus Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is econonnically feasible and Lender's security is not lessened_ <br />During sueh repali and restotatlon period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repaiars and restoration in a single disbursement or in a serics of progress payments as the work ia <br />completecl. Unless an agreement is tnade in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrawer an,y interest or earnings on such <br />Miscellan,eous Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the swns secured by thia Security Iustrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneaus Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a tatal taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Tnstrument, whether ar not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in valne of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greatcr than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by ihis Secutity Instrument shall be reduced by the amoutit of the Miscellaneaus Proceeds <br />multiplied by the fallowing fraction: (a) the total amount of the sums secured immediately before the <br />partial iaking, destruction, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, destruction, or lass in value. Any balance aha11 be paid ta Borrawer. <br />Zn the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />Value of lhe PropeTty immediately befoate 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 otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrwxxent whether or not the sums are then due. <br />If the Property is abandoned by Sorrower, or if, after notice by Lendex to Borrower that the <br />Opposing Party (as defined ian the next sentence) offers to make an award ta settle a claim for damages, <br />Borrower fails to respond ta Lender within 30 days after the date the notice is given, Lender is authorized <br />to collact and apply the Miscellaneous Proceeds either to r�storation or repair af the Property or ta the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third pariy <br />that owes Iiarrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Barrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBFtASKA- Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE)�os��� Page9of16 iniiiais: Form3028 1I07 <br />