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2oioos4�4 <br />As a result of these agreements, L.ender, any purchaser of the Note, 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 payments for Mortgage Insurance, in <br />exchange for sharing ar madifying the rnqrtgage 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 far a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreemernts wIll not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, ar any ptlter terms of the Loan. Such agreements will nat Yncrease the amount <br />Borrower will owe £or Mortgage Insurance and the� will not entitle Borrower to any refund. <br />(b) Any sach agreements will uot a[t�ect the nghts 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 disclasares, ta reqnest and obtain cancellation of the <br />Mortgage lnsurance, to have the Mortgage insarance terminated aatomatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the t3me of such cancellation or <br />termination. <br />11. Ass3gnrnent 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 Property, if the restoration or repair is econornically feasible and Lender's security is not lessened. <br />Du�ing sucb repaar and restoration period, L,ender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property co ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken prornptly. Lender may pay for the <br />repairs and restaration 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 Proceeds, Lender shall not 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 nat 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 af a tatal taking, destruction, or loss in value of the Property, the Miscellaneaus <br />Proceeds shall be applied to the suws secured by this Security Instruxnent, 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 Froperty in which the fair marlcet <br />value of the Praperty irnrnediately before the partial taking, destruction, or loss in valne 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 lass in value, unless Bonawer and L.ender otherwise agree in writing, the surns <br />secured by this Security Instrument shall be reduced by the amount of We Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total ampunt of the surns secured immediately 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 shall be �aid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fa9r markec <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 ihe partial taking, destruction, or loss 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 surns are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that che <br />Opposing Party (as de�ned in the next sentence) offers to rnalce an award to settle a claim for damages, <br />Borrawer 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 not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whorn Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any actian ar proceeding, whether civil or criminal, is begun that, in <br />I.ender'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 Instnunent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) losi�l Paaeaof i6 �n�t�a�s: Form 3028 1/07 <br />, ! � 1 1 �' 3 , e <br />