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�oloos4�4 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) amounts ihat <br />derive from (or might be characterized as) a portion of Borrower's payrnents for Mortgage Insurance, in <br />exchange for sharing ar rnodifying the mortgage insurer's risk, ar reducing losses. If such agreement <br />provides that an affiliate of I.�nder takes a shaze of the insurer's risk in exchange for a share of the <br />prerniums paid ta the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any sach agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the� will not entYtle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insarance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right ta receive certain disclpsures, ta request 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 time of such cancellation or <br />termination. <br />11. Assignment af Miscellaneous PCOC�S� Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Froceeds shall be applied to restoration ar 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 restoratian period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Praperty ta ensure the work has been cornpleted to <br />I.ender's satisfaction, provided that such inspection shall be undertaken 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 agreement is made in vvriting or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, J.ender shall not be required to pay Bonrower 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 Pmceeds 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 Miscellaneaus 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 Security Instrurnent, 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 markec <br />value of the Property immediately before the partial caking, destruction, 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 Barrower and Lender atherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneaus Proceeds <br />multiplied by the fallawing fraction: (a) the total amount of the sums secured 'unmediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance sha11 ba �aid to Bonower. <br />In the event of a partial taking, destruction, ar loss in value af the Property in which the fair 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 I.,ender atherwise 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 Borrawer, or if, after notice by Lender to Borrower that the <br />Opposing Party (as de�ined in the next sencence) offers to amake an award ta settle a claim for damages, <br />Borrawer fails to respond to Lender within 30 days after the date the notice is given, I.ender is autharized <br />to colle.ct and apply the Miscellaneaus Proceeds either ta restoratian or repair of the Property or to tt�e <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 Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, cauld result in forfeiture of the Property or other rnaterial impairment of Lender's <br />interest in the Property or rights under this S�curity Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INS7RUMEN7 ��..' r� <br />�-6�N�) �pa>>� Page 9 of 75 initiais � Form 302$ 7/09 <br />4'3 � tl if ✓ i d: . <br />