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201 008854 <br />As a result of these agreernents, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any af�liate of any of the faregoing, may receive (directly or iudirectly) amounts that <br />derive fram (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the moRgage 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 />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Sorrower has agrced to pay for <br />Mortgage Insurauce, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not aPfect the r�ghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowuers P� Act of 1998 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 t6e Mortgage In�surance terminated automatically, and/oar to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment 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 economically feasible and L.ender's security is not lessened. <br />During such repair and restoration pe�iod, Lender sha11 have the right to hold such Miscellaneous Froceeds <br />until I.,ender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfactian, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration 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, I.ender 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 L,�nder's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the surns secured by this Security Instnunent, <br />whether or not then due, with the excess, if any, paid ta Barrawer, Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destructian, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, 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 Properiy imznediately before the partial taking, destruction, or loss in value is equal ta 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 agres 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 of the surns secured imrnediately 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 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 Properiy irnrnediately before the partial taking destruCtiOn, or lass 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 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 Lender to Borrower that the <br />Opposing 1'arty (as defined in the next sentence) offers to make an awazd 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 collsct and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />suws secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Praceeds or the party against whom Bonower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />L,ender's judgment, could result in forfeiture of the Property or other material impairment of L,�nder's <br />interest in the Property or rights under this Security Instrunnent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM IN$TRUMENT <br />�-6�NE) �oa� i� Pege 8 of 16 �n�t�a�s. FOrm 3Q2$ 7/01 <br />� <br />�•s � :;a �� ,' S� <br />