2oioos4os
<br />As a result of these agreements, Lender, any purchaser of the Npte, another insurer, any reinsurer,
<br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
<br />derive from (or might be characterized as) a portion of Borrower's payrnenta for Mortgage Insurance, in
<br />exchan�e for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provides that an af�liate 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 often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the arnounts that Borrower has agreed ta pay for
<br />Martgage Insurance, or any other terms of the Loan. Such agreements will not increase the atttaunt
<br />Borrower will owe for Mortgage lnsurance, and they will not entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
<br />Mortgage �nsurance under the Homeowners Protecdon Act of 1998 or any other law. These rights
<br />may include the right to receive certain disclosures, to request and obtain cancell�tion of the
<br />Mortgage Insurance, to have the Mortgage lnsurance terminated automatically, and/or to receive a
<br />refund of any Mortga�e Insurance premiums that were unearned at the tinne af such cancellation or
<br />termination.
<br />11. Assi�nment of Miseellaneaus 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 Property, if the restoration or repair is econamically feasible and Lender's security is not lessened.
<br />During such repair and restoration period, Lender sha11 have the right to hold such Miscellaneaus Proceeds
<br />until Lender has had an opportuttity 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 />repairs and restoration in a single disbursement or in a series of progress payments as the work is
<br />completed. Unless an agre�ment is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interast or earnings on such
<br />Miscellaneous 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 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 />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
<br />Proceeds shall be applied to the sums secured by this 5ecurity Instrument, whether or not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the avent of a partial taking, destruction, or loss in value of the Property in which the fair market
<br />value of the Property unmediately before the partial taking, dest� or loss in value is equal to or
<br />greater 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 agrae in writing, the sums
<br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br />multiplied by the fallowing 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 market value of the Property
<br />irnmediately 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 of the Proparty in which the fair market
<br />value of the Property imrnediately before the partial taking, destruction, or loss in value is less than the
<br />amount of the sums secured irnmediately before the partial taking, destruction, or 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 Security Instrument whether 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
<br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
<br />Bprrower 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 restoration or repair of the Property or to the
<br />sums secured by this Security Instrument, whether or nat then due. "Opposin� Party" means the third party
<br />that owes Borrower Miscallaneous Proceeds or the party against whom Borrower has a right of action in
<br />regard to Miscellaneous Proceeds.
<br />Borrower 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 ar rights under this Security Instrurnent. Borrower cax� cure such a default and, if
<br />230960
<br />NE8RA5KA - Single Family - Fannie M aelFreddie M ac UNIFpRM INSTRUM ENT
<br />�-6(NE) (oa��) Page9 of 15 Initials: F01'm 3028 1/p7
<br />�
<br />
|