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2oioos4s9 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rexnsurer, <br />any other cntity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower' s payments For Mortgage Insurance, in <br />exchangc far sharing or modifying the mortgage insurer's r�sk, oar reducing losses. If such agreenaent <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share af the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreementa will not affect the amount� that Borrawer has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreena�ents wfll not increase the amount <br />Borrower will awe for Mortg�ge Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the nghts Borrower has - if any - with re�pect tn the <br />Mnrtgage Insurance nnder 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 Inaurance, to have the Moartgage Insurance terminated automatically, and/ar to receive a <br />arefund of any Mortgage Insurance premiums that were unearned at the time af such canceUation or <br />terminatiun. <br />11. Assignment of Miscellanenus Praceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damag�, such Miscellaneous Proceeds shall ba applied to restoration or repair of <br />the Property, if the restoration or repair is ecanornically feasible and Lender' s security is not lessex��d. <br />During such repair and restoration period, Lecader shall have the right ta hold such Miscellaneous Praceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has be�n completed to <br />Lender's satisfactran, provided that such inspection shall be undertaken prornptly. Lender may pay far the <br />repairs and reatoration in a single disbursement or in a series of progress paym�er�ts as the work is <br />cornpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on sueh <br />Miscellaneous Proceeds, Lendcr shall not be required to pay Borrower any interest or earnings an suc}� <br />Miscellaneous Proceeds. If tk�e restoration or repair is not ectinornically feasible or Lender' s security would <br />be lessened, the Miscellaneous Prnceeds shall be applied ta the sums secured by this Security Instrument, <br />whether or nat then due, with the excess, if aay, paid to Barrawer. 5�ch Miscellaneous Proceeds slaall be <br />appli� 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 securad by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Botx'ower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which tha fair market <br />value of the Property imme�cliately before the partial takin. g, destruction, or loss in value is equal to or <br />gxeater than the amount of the sums secured by this Security Ins�ument inamediately before the partial <br />taking, destruction, or loss in value, unless Horrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be raduced by the amount of the Miscellaneous Proce�ds <br />multiplied by the following fraction: (a) the tatal amount a£ the sums secured imm�diately 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 taldng, deslxuction, or loss in value. Any balance shall be paid ta Borrow�r. <br />In the event of a partial taking, destruchon, or loss in value of the Praperty in which the fair rnarket <br />value of the Prope�cfiy immediately before the partial taking, desixuction, or loss in value is less than the <br />amount of the surns secured irnrnediately before the partial taldng, deslrucl or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellan�us Procceds shall be applied ta the sums <br />secured by thi s Security Inslrurnent whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Le�ader to Horrower that the <br />Opposing Party (as defined in the next sentenca) affers to nnake an, award to settle a claim for damages, <br />Sorrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to callect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums seeured by this 5ecurity Instrument, whether or not then due. "Opposing Pariy" rneans the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whorn Bo:rrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proce�ding, wh�ther civil ar criminal, is begun that, in <br />Lender's judgment, cauld result in farfeiture of the Property or other rnaterial impairment of Lender's <br />interest in the Froperty or rights under this Security Inshwnent. Borrower can cure such a default and, if <br />acceleration has occurred, rernstate as provided in Section 19, by causing the action or procee�iing to be <br />22Q0068229 D V6AN� <br />NEBFCA5KA - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRl1MENT WfT <br />�-BA�Nq IoE�o) Paes9 nf 15 ����a�s; �/ Fprm 3026 1/01 <br />c� <br />