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2oioos400 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any aWer entity, ar any affiliate of auy of the faregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments far 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 share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is aften tez�med "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Sorrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amaunt <br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any reYund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protecti�on Act oF 199$ ar any ather law. These rights <br />may include the right to receive certain disclosures, 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 Insarance premiums that were unearned at the tiu�e of sach 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 Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Praperty, if the restoration or repair is economically feasible and I,endcr's sccurity is nat lessened. <br />During such repair and restoration period, Lender sha11 have the right to hold snch Misccllaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfactian, provided that such inspection shall be undertaken promptly. Lender may pay for 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 Praceeds, Lender shall nat be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security wauld <br />be lessened, the Miscellaneous Proceeds 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 />applied in the order provided for in Section 2. <br />Tn the event of a total taking, destructian, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to che sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of 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 taking, destruction, or loss in value is equal to or <br />greater chan 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 this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />rnultiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair markec value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property irnmediately before the partial taking, destruction, or loss in value is less than. the <br />annount of the sums secured innmediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sha11 be applied to the sums <br />secured by this Security Instrument whether or not the surns are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Oppasing Party (as de�ned in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to I..ender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or ta the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Praceeds. <br />Borrower shall be in default if any action or proceeding, whether civil ar 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 />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />�-BINE) loa�tl Paae s of i5 i��t�ais; �� Form 302$ 1/01 <br />; t.. � � � � �. ^ � � � � e Z.. <br />