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201008861 <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 he characterized as) a portion of Borrower' s payments for Mprtgage Insurance, in <br />exchange for sharing or madifying the mortgage insurer's risk, or reducing losses. lf such agreement. <br />provides that an affiliate of 1.ender takes a share of the insurer's risk in exchange for a share of the <br />prezx�iums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will nat increase the amount <br />Sorrower will owe for Mortgage Insurance, and they wa11 not entitle Sorrower ta any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage insurance under the Homeowners Protection 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 the Mortgage Insurance terminated automatically, and/or 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 arc� 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 Lender' 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 azi opportunity to inspect such Prpperty to ensure the work has been completed to <br />Lender' s satisfaction, provided that such inspection shall be underCaken �romptly. Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of pro�ress payments as the work is <br />campleted. Unless an agreement is rnade in writing vr Applicable Law requires interest to be paid on such <br />Miscellanepus Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoraCion or repair is not economically feasible or Lender' s security would <br />be lessened, the Miscellaneous Froceeds shall be applied to the sums secured by this Security Instrument, <br />whether or nat then due, with the excess, if any, paid to Borrower. 5uch Miscellaneous Proceedti 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 ar 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 Froperty in which the fair market <br />value of the Property 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 5ecurity 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 Proceeds <br />multiplied by the following fraction: (a) the total amount of the surns secured imrnadiately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />irnmediately before the partial taking, destruction, or lpss in value. Any balance shall be 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 im�mediately 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 Proceeds shall be applied to the surns <br />secured by this Security �nstrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or i£, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to rnake an award to settle a claim for dama�es, <br />Borrower fails to respond to Lender within 30 days after the date the notice is giveaa, Lender is authorized <br />to collect and apply the Miscellaneous Froceeds either to restoration or repair of the Prvperty or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Pazty" rneans 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 Froceeds. <br />Borrower 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 />inter�st in the Prpperty or rights under this Security Instxument. Borrower can cure such a default and, if <br />230975 <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac IINIFORM INSTRUMENT <br />�-6 (N E) �o a � �� page 9 of 15 Initia�s F01'ITI 3 D 2 8 1/01 <br />� w� <br />