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�►•II][iI1�.�SC: <br />insurancc and Borrower was required to make separately designated payments toward the pt'etniuxns for Mortgage Insurance, <br />Borrower shall paythe premiums required to obtain coverage substantially oquivalent to the Mortgage Insurancepreviously <br />, in effect, at a cost substantially equivalent to the cnst tn Borrower of the Mortgage Insurance prev�ously in e�'ect, from an <br />alternate m�rtgage insurer selectcd by x.ender. If substantially cquivalent Mortgage Itisurance coverage is not available, <br />Borrrower shall continue to_pay to Lender the amount of the separately designated payments that were due when the insurance <br />coverage ceased to be in effect Lender will accept, use and retain th�se payments as a non-refundable loss xeserve in lieu of <br />Mortgage Insurance. Such loss reserve shall be non-refundable, notwit}istand�ng the fact that tha Laan is ultimatelypaid in <br />full, and Lender shall not be rec�uired ta payBorrower anyintexest or earnin� on such loss reserve. Lender can no longer <br />require loss xeser�ve payments if Mortgage Insurance coverage(in the amount and for the period that L,ender requires) <br />prov►ded by an insurer selected by r.cr►der again becornes available, is obtained, and Lexider requires separately desi�nated <br />payments towa�rd the premiums for Mortgage Insurance. If Lender requirred Mortgage Insurance as a condiixon ofma�a�ng the <br />Z.oan and Bdrrower was requixed to make separately designated payments toward tha premiutns far Mortgage Insurance, <br />Borrower shall pay the prenniums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss <br />reserve, until Lender's rec�uirement for Mort�age Tnsurance ends in accordance with any written agreement between <br />Borrower and Lcnder providmg �for such tern�nahon ox until ter,mination is required by Applicable Law, Nothing in this <br />Section 10 affects Borrower's obligation tn pay interest at the rate pmvided in the Note. <br />Mprtgage Insurance reimburses I.ender (or any entity that purchases the Note) for c�rtain losses it may incur if <br />Sorrower does not repay the Loan as agteed. Borrower rs not a party to the Mortgage Insurance. <br />Mort age Znsurers evaluate their tatal risk on all such insurance in force from tirne to time, and may enter into <br />agreements wi� other parties that share or modrfy their r�sk, or reduce losses. These agreements are on tet�ms and conditions <br />that axe satisfactory to the mortgage insurer and the other parl.y (rnr paxties) to these agrcements. These agrenments may <br />require thc mortgage insurer to make payments using any source oFfunds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiurns). <br />As a result ofthese apreements, Lender, anypurchaser nfthe note, another insurer anyreinsu�er, any other entity, <br />or affiliate of any of the forego�ng, may receive (directly or indirectly) arnounts that derive tiom �or rnight be characterized <br />as) a portion ofBorrower's paymonts fot Mortgage Insurancc, in exchange for sharing ar modifjnng thc xnortga$e insurer's <br />xisk, or reducing losses. If such agreement proinded that an affiliate ofLender takes a share ofthe insurer's risk m exchange <br />for a share of the premiums paid to the insurtr, the arrangement is often termecl "captive reinsurance." Further: <br />(a) Any such agreements rv�ll nnt affect the amounts thxt Borrower has agreed to pay for Mortgage <br />Tnsurance, or any other tert►xs of the Loan, $uch agreements w[II not fncrease the amount Borrower w111 owe for <br />Mortga�e IusurAnce, and they will not entitle Borrower to any refund. <br />(b) Any �uch agreements will not affect trie rights Borrower has — if any -- with respect to the Mortgage <br />Insnrance under the Homeowuers Frotection Act of 1998 or any other larv. These rights may include the right to <br />receive cerkal�n disclosnres, to rsquest and obtain cancellation of the Mowtgage Insurance, to have the Mortgage <br />Tnsurapce terminated automatically, and/or to receive � refund of any Mortgage Insurance premiums that were <br />unearned at the time nf such cancellation ar terminatian. <br />11. Assignment of Miscellaneous �roceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigned to and <br />shall be paid to Lender. <br />S.fthe Proportyis damaged, such Miscellaneous Procceds shall be applied to restoration or repair ofthe Property, if <br />the restoration or zepa�r �s economically feasible and Lender's security �s not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Praceec�s until T.e�nder has had an opportumty to inspect such <br />, Property to ensnre the work has been completed tn �nder's satisfac6on, provided that such inspection shall be undertaken <br />promptly. Lender maypay for the repairs and restoration in a single disbursement or in a series ofprogress payments as the <br />work is completed, Unless an agceement is rnade in writing or Applica.ble Iaw requixes interest to be paid on such <br />Miscellancous Proceeds, Lender shall not be rcquired to pay Borrovvez any interest or eannings on such Miscellaneous <br />Proceeds. If the restoration or repair is not economxcally feasible or Lender's security would be lesscned, the Miscellaneous <br />Praceeds shall be a�plied to the sums secured by this Security Instrument, whether or not then dne, with the excess, if any, <br />paid to Borrower. uch Miscellaneous Proceeds shall be applied in the arder provided for in Section 2. <br />In Cht event of a total taking, destructiqn, pr loss in value of the Property, tha Maiscellaneous Proceeds shall be <br />applied to the snms secured by this Security Tnstrurncnt, whether or not then due, v�nth the excess, if any, paid to Borrower. <br />In the event of a partial talaing, destruction, or loss in value of the Properly in which the fair rnarket value of the <br />Property immediatelybefore the partial talcing, destruction, or lass in value is equa.l to orgre ater than the arnount ofthe sums <br />secured bythis Security Instrurnent immediatelybefare the partisl taldng, destruction pr loss in value, unless Borrower and <br />Lendcr otherwise agree �n writing, the sums secured by this Security Instrument s�iall be reduced by the amount of the <br />Miscellaneous �'roceeds multiplied by the following fraction: (a) t,he total amount o�t1�e sums secured immediatelybefiore the <br />partial taking, destruc�on, or loss in value divided by (b) the fair rmarket value ofthe Propertyimmediatelybefore the partial <br />taking, destruction, or loss in value. Anybalance shall be paid to Borrower. • <br />Tn the event of a partial talang, destruction, or loss in value of thc �eriy in which the fair rnarket va.lue of the <br />Property immediately beforc the �artial taldn,�, destruction, or loss in valuc is ess than tho amount of the sums secured <br />immediatelybefore the partial talang, desixuchan,. or loss in value, unless Borrower and Lender nthecvvise a�ee in writing, <br />the Miscellaneous Proceeds sh�ll be applied to thc suxns secured by this Security Znstrument whether or not the surns arc then <br />due. <br />If tha �roperty is abandoned by Borrower, ar i� af�r notice by Lender to Borrower that the Opposing Party (as <br />deSned in the next sentencc) o�'ers to rnake an award to settla a clairn for danaages, Borrower �aails to respond to Lexider <br />within 30 days after the date the notice is given, Lender is suthorixed to callect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this 3ecurity Ynstrumen� whcther or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whorn Borrower <br />has a right of acdon in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proce�ling, whether civil or crirrrinal, is begun that, in Lender's <br />judgment, could result in forfeiturc of the Propexty or other rnaterial im�airment of T.ender's intcrest in the Prnperty or rights <br />under this Sccurity Ynstrurncnt. Borrower can cure such a default and, if acceleration has occurred, reinstatc as provided in <br />Section 19, by causing the action or proceeding to be disrnissed with a ruling that, in Lender's jud�men� �recludes forEeitur� <br />of the Property or other rnaterial impairment of Lender's interest in the Property or rights undcr this SecuntyT�s�ment Tht <br />procceds of any award oar claim for damages that are attributablc to the impairment of X.ender's interest in the Property are <br />hereby assi�ned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoradon ar repair of the Property shall be applied in tha order <br />provided for in Section 2. <br />12. Borrower Not Released; Forbearance Sy Lender Not a Waiver. Extension of the time for payment or <br />modification of arnortization oftht sums secured by this Security Instnuneent gran�d byJ..ender to Barrower or any Successor <br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in �nterest of Borrawer. <br />Lender shall not be required to commence proceedings against any Successor in rnterest of Borrower ar to refuse w extend <br />time for payrnent or otherwisc modify amorhzation of the sums secured by this Security Instrument by reason ofanydeinand <br />rnade by the original Borrower or any Successors in Interest ofBorrower. Any fnrbearance by Lender in exercising arryright <br />or rem,edy includ�ng, without limitai�on, Lender's acceptance of payments Erom third persons, entities or 5uccessors 1n <br />Interest of Borrowe7r ar in <br />1 acnounts less than the amvunt then due, shall not be�a waiver of oz preclude the exercisc of any right or remedy. <br />NESRA.SKA�ingle Family Fxnnle Mae/Freddie Mac UNYFORM IIVSTRiiMENT <br />12439.CV (1/OS) 200U68S8 <br />�EZ�s� Form 3028 1/01 (page S of 8 pages) <br />Creative �hinldng, Inc.. <br />co'to(oaone3o� <br />NV <br />�� � �� �J <br />