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2010U89�� <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 re�ive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Barrower's payrnents for Mortgage Tnsurance, in <br />exchange for sharing or modifying the rnortgage insur�r'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 />prerniurns 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 />Martgage Insurance, or any other terms of the Loan. Sach agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the� will not entitle Barrower to 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 Iaw. These rights <br />may include the right to receive certuin disclosares, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund af any Mortgage Insurance premiums that were unearned at the time of such cancellation ar <br />termination. <br />11. Assignment of Miscellaneous Piroceeds; Forfeiture. All Miscellaneous Proce�ds are hereby <br />assigned to and shall be paid to Lendez'. <br />If the Property is damaged, such Miscelianeous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoratian or repair is economically feasible and l.ender's security is not lessened. <br />During such repair and restoration period, I.ender shall have the right to hold such Miscellaneous Procceds <br />until Lender has had an opportunity to inspe�t such Property to 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 restoz'aCion in a single disbursernent or in a series of progress payments as the work is <br />co�npleted. Unless an agreement is made in writiang or Applicable Law requires interest to be paid on such <br />Miscellaneous Procceds, Lender shall not be required to pay Box�t'ower any interest ar earnings on such <br />Miscellaneous Proceeds. 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 Instrurc�ent, <br />whether or not then due, with the excess, if any, paid ta Borrawer. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or lass in value of the Property, the Miscellaneous <br />Proce.eds shall be applied to the swns secured by this Se�urity 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 tnarket <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to ar <br />greater than the amount of the sums secured by this Security Instrument immediately befare 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 arnount of the Miscellaneaus Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately befoxe 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, destructian, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destructian, or loss in value of the Property in whxch the fair market <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 irnmediately before the partial taking, destruction, or loss in va,aue, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Procceds shall be applied to the swns <br />secured by this Security Instrument whether ar not the swns are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />�pposing Party (as defined in the next sentence) offers to make an award to settle a clairn for damages, <br />Borrower faals 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 restaration or repair of the Property or to the <br />sums secured by this Security Instrurnent, whether or not then due. "Opposing Party" means the third party <br />that owes Barrower Miscellameous Proceeds or t1�e pariy against whom Sorrower 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 cri�r►inal, is begun that, in <br />Lender's judgment, could result in forfeitur� of the Property or other xnatexial irnpairment of I.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 MaelFreddie Mac UNIFORM INS7RUMENT <br />�-61NE) iosi ii Page 9 of 15 �n�t�a�s: Form 3028 1/01 <br />� <br />;1Y i �klil�'' i��'i <br />