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20100871E <br />As a result of these agreernents, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the faregoing, may receive (directly or indirectly) ampunts that <br />derive frorn (or might be characterized as) a portion of Bonower's payments for Mortgage Tnsurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiurns paid to the insurer, the arrangement is often termed "captive reivasurance." Further: <br />(a) Any such agreements will not affect the amounts t�at Borrower has agrced to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and thex will not entitle Borrower to any reFund. <br />(b) Any such agreements will not affect the nghts Borrower has - iF any - with respect to the <br />Martgage Insurance under the Homeowners Protection Act of ].99$ or any other law. These rights <br />may include the right to receive certain disdosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance tetminated aatomatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />terntination. <br />11. Assignment of Miscellaneous Proce�ds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is darnaged, such Miscellaneous Proceeds shall be applied to restaration or repair of <br />the Property, if tk►e restoration or repair is economically feasible and L,�nder's security is not lessened. <br />During such repair and restoration period, Lender shall �ave the right to hold such Miscellaneous Proceeds <br />until Lender has had an oppartunity to inspect such Froperty Co ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursernent or in a series af progress payments as the work is <br />carnpleted. 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 nat economically feasible or I..ender's security would <br />be lessened, the Miscellaueous Proceeds sha11 be applied to the sums secured by this Security Instnunent, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Misccllaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destzuction, or loss in value of the Property, the Miscellaneous <br />Proce�ds 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 af the Praperty in which the fair market <br />value of the Praperty immediately before the partial taking, destruction, or loss in value 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 Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceads <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair mazket value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be �aid ta Barrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair rnazket <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 />Barrawer 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 sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by I.ender to Borrower xb,at the <br />Qpposing Party (as de�ned in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower 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 Properiy or to the <br />sums secured by this Security Instzument, whether or not then due. "Opposing Party" meaus the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action oar 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 J.,ender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (� <br />�-6(NE) lost t 1 Peqe a or � 5 ireciais: {J �- Form 302$ 1l01 <br />° � '' ? ! 'r :� , f , <br />