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201008633 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any af�'iliate of any of the foregoing, may receive (directly or indirectly) amaunts that <br />derive from (or might be characterized as) a partion af Borrower's payments for Mortgage Insurance, in. <br />exchange for sharing or modifyiug the mortgage insurer' s risk, or reducing losses. If such agreement <br />pravides that an affiliate of Lender takes a share of the insurer' s risk in exchange for a share of the <br />prerniurns paid to the insurer, the ar.rangenaent is often termed "captive reinsurance." Furtlaer: <br />(a) Any auch agreements will not affect the amonnts that Borrower has agre�d to pay for <br />Mortgage Insurance, or any other terms of the Loan. Snch agreements wiU not inerease tbe amount <br />Borrower will owe for Mortgage Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any auch agreements will not affect the nghta Borrower has - if any - with reepect to the <br />Mnrtgage Insurance under the Homeowners Prutection Act of 1998 or any other law. These rlghts <br />may include the rlght to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage �nsurance, to have the Martgage Insurance terminated automatically, and/nr to receive a <br />refund of any Mortgage Insurance premiums that were nx�earned at the tlme of auch cancellation ar <br />termination. <br />11. Assignment of Miscellaneoue Proceeds; Forfeiture. All Miscellaneaus Proceeds are hereby <br />assigued to and shall be paid to Lender. <br />If the Property is darnaged, such Miscellaneous Procee�s shall be applied to restor�tion or repair of <br />the P�raperty, if the restoration or repair is econornically feasible and Lender' s security is not lessened <br />During such repair and restararion period, Lend�r shall have the right ta hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property ta ensure the work has been completed to <br />Lender's satisfaction, provideci that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and reatoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreenaent 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 eamings on such <br />Miacellaneous Pracceds. 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 thein due, with the access, if any, paid to Borrower. �ch Miscellaneous Proceed.v shall be <br />applied in the order provided for in Se.ction 2. <br />In the event of a total taldng, deslruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secuxed by this Security Instrument, whether or not then due, with <br />t}ae excess, if any, paid to Borrower. <br />In the event of a partial taking, destxuction, or loss in value of the Property in whick► the fair market <br />value of the Froperty ixnxnediately before the p�ial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Se�curity Instrument irnirnediately before the partial <br />taking, desauction, or loss in value, unless Honower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the arnount of the Miscellaneauis Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately befare the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Properly <br />immediately before the partial taking, destructian, or loss in value. Any balance shall be �aid to Boxrower. <br />In the event of a partial taking, destruction, or lass in value o£ the Propezty in w}uch the fair mazket <br />value of the Property immediately before the partial taking, desbruction, or loss in value is lesa than the <br />amount of the sums secured immediately befora the partial taking, destruction, or loss in value, unless <br />Barrower and Lender otherwise agree in writing, the Miscellaneaus Proceeds shall be applied to the sums <br />secured by this Security In.strument whether or not the sums are then due. <br />Tf the Property is abandoned by Horrower, or if, after notica by Lender to Borrower that the <br />�pposing Pa�ty (as defined in the next sentence) offers to make an award to settle a clairn for da�nages, <br />Borirower fails to respond to Lender within 30 days aRer the date the notice is given, Lendcr is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration ar repair of the Property or to the <br />swns secured by this Security Inskrument, whether or not thex► due. "Opposing Party" means the third party <br />that owes Borrower Miacellane�us Proceeds or the party against whom Horrower has a right of action in <br />regard to Miscellane�us Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is beguu that, in <br />Lender's judgrnent, could result in forfeiture of the Property ar 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 />acceleration has occuxxe�, reinstate as provided in Section 19, by causing the action or proceeding to be <br />2200070924 D V6ANE <br />NFBRIASKA - Single Family - Fannia Mae/Freddia Mac UNIFORM INSTRUMFNT WffH MQtS <br />�-6A(NE� �oe�o� Pepe 8 of 15 i„i�,i � Fcrm 3028 1/01 <br />� <br />