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�oloos4s� <br />As a result of these agreements, I.ender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any af�liate 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 paymencs for Mortgage Insurance, in <br />exchange for sharing or rnodifying the rnortgage insurer's risk, or reducing losses. If such agreement <br />pravides that an affiliate of �.ender takes a share of the insurer's risk in exchange for a share of the <br />prexniwms paid to the insurer, the arrangement is often termed "captive reinsurance. " Further: <br />(a) Any sach agreements W�rr not affect the amounts that Borrowec has agrced to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreernents will not increase the amoant <br />Borrower will owe for Mortgage It�surance, and they will npt entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rYghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other 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 Morrtgage Insurance terminated automatically, and/or to receIve a <br />refund of any Mortgage Insurance premiums that wece unearned at the time of such cancellation or <br />termination. <br />11. Assignment af Miscellaneous Proceeds; Forfeitare. All Miscellaneous 1'raceeds 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 economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneaus Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been campleted 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 agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Praceeds, Lender shall nat be required to pay Borrower any interest 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 Pmceeds 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 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 market <br />value of the Property immediately befare the partial taking, destruction, or loss in value is equal to ar <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destructian, or loss in value, unless Borrawer and I.ender otherwise agree in writing, the sums <br />secured by this Security Instz�wnent shall be reduced by the an�ount of the Miscellaneous 1'roceeds <br />multiplied by the following fraction: (a) the total amount of the surns secnred immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair �narket value of We Property <br />irnmediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In t.�e event of a partial taking, destruction, or loss in value of the Property in wh�ch the fair market <br />valne of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount af the sunns secured immediately before the partial taking, destructian, 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 de�ned in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is given, L.ender 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 not then due. "Opposing Party" means the third party <br />that awes Bonower Miscellaneous Proceeds or ihe party against whom Banower 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 af the Property or other material impairment of Lender's <br />interest in tlie Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-B�NE) loet t 1 Page 9 of 16 initiais: Form 3028 9/07 <br />�f , , , <br />r•: �+ti r - .. <br />� . . <br />