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201008523 <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 or indirectly) amounts that <br />derive from (or might be characterized as) a partion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an af�iliate of Lender takes a shaze of the insurer's risk in exchange for a share of the <br />premiums paid ta the insurer, the arrangement is often ternaed "captive reinsurance. " Purther: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other texms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entit�e Borrower to any re�und. <br />(b) Any such agreements will not affect the rights Bprrawer has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act oF 199$ 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 Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were anearned at the time of sach cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Froceeds 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 Lendex's security is not lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. I..ender may pay for the <br />repairs and restoratipn 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 />Miscellaneons Proceeds, Lender shall not be required to pay Borrower any intexest or earnings on such <br />Miscellaneous I'raceeds. 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 Instrurnent, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Prnceeds 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 market <br />value of the Property immediately 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 loss in value, unless Barrower and Lender oCherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount af 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 befare ths partial takiug, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destruction, pr loss in value of che 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 Lender otherwise agree in writing, the Miscellaneous Praceeds shall be applied to the sums <br />secured by this Security Instrument whether or nat the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender ta Borrower that the <br />�pposing Party (as de�ned in the next sentence) offers to make an award to scttle a claim for damages, <br />Borrower fails ta respond to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneons 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" rneans the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrawer has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrawer 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 or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannia MaelFreddia Mac UNIFORM INS7RUMENT <br />�-B�NE) 1os11) Page 9 of 15 Initials FOI'm 3028 7101 <br />- !� ��'�'. � <br />� y „ •� .� <br />