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201009092 <br />As a result of these agreemenrs, Lender� az�y purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, ar any affiliate of any of the foregoiung, may receive (directly or indirectly) amo�ts that <br />derive from (or xnight be charactet'ixed as) a portion of Horrower's payments for MoRgage Ixlsurau�r.�, in <br />exchange for sharing or nwdifying the mortgage inswe�r's risk, or reducing Losses. If such agrcennent <br />provides thaz arx a�liat� nf Lender takes a share of the �in�surer's risk in exc,hange for a share of the <br />premiums paid W the insurcr, th� ar�rangement is ofte� termed "capdve r�insurance." Further: <br />(a) Any suc)t agree�aents wjll not atfcct the amounts that Borrowe� has a�rced to �y for <br />Mortgage L�suranue, or any oth� terms ot the Loan. Such agreeme�ut:� will ntrt Wcre�se the amaunt <br />Barcower w�ll owe tor Mortgage L�swrance, and they will not cntltle Borrower to any refund. <br />(b) Any such agre�ne�nts wW not afPect the dgh1� Sorrower has - If any - with re�pect to tbe <br />Mortgage L�,surance uuder the Homeowners Pr�tecdon Act of 1998 ar any ath� law. These rights <br />may iucluck the rtght to reodve aeartain disclosures, t�n requeSt and obtain csncellat�on of the <br />Mortgage L�surance, to biave the Mnrtgage �nsurance te�rminated �ut�matically, aud/or to reoeive a <br />refumd of aqy Mortgage Insurance premiu� that �vcre unesrned at the time of such rancellation or <br />termin�adon. <br />11. Asgigwment of MisccUauteous Proc�ds; ForFeiture. ,All Miscellaneous Proce�s are hereby <br />aasigned tn and shall be paid to Lcndcr. <br />If the Property is darnagad, such Miscellanevus Procee.cls shall bc applied tp restoration or r�air of <br />the Property, if the reswraticm or repair is economically feasible and L,ender's securiry is not lessened. <br />During such r�pair and restoration period, I,�nder shall have tho right to hold such Miscellaneous Proceeds <br />until Lender has had an oppvrtunity to inspect such PropeRy to ensure the � work has been completed to <br />L.�nder's satisfaction. Provided that such inspection shall be�ndcrtaken promptly. 1.e1�er may pay for the <br />repairs and restoration ita a single disburaernent Qr in a series of pmgress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid rnn such <br />Miscellaneous Proceeds, I.endcr shall nat b� required to pay Borrower any in�terest or earnings an such <br />Miscellaneaus Proceeds. If the restoration or repair is not economically feasible or Lcnder's security would <br />be le�ned, the Miscellaneo'us Praceeds shall be applied W the surns secured by ttus Seeurity Instnuncnt, <br />whether or not then due, with the excess, if any, paid to Borrower. �ch Misc�llat�us proceeds s�hall be <br />applicd in the order provided for in Section 2. <br />In the eve�;t of a Cotal taking, destruction� or loss in valuc of the P�operty, thc Mi�cellaneous <br />Proceeds shall be applied to thc sumg securad by this Security Insdument, whether or not then due, with <br />the excess, i� any, Paid to Borrower. <br />In the event of a partial taking, destruction, ar loss in valu� of tho Property in which the fair market <br />value of the Property imrr�adiately befare the pa�tial talring, destruction, or loss in value is equal to or <br />greater than the amount of the swns �ecured hy this Security Instrument inar�diat�ly before the partial <br />takir►S, deswction, or lass in value, unless Borrower and Lsnder otherwise agree in writing, the sums <br />secured by this Security Ins�vment shall be reduced by the amount of the Miscellaneous proceeds <br />m�ultiplied by the following fraction; (a) the total ampunt of tb,e sums secured innncrediately beforc the <br />partial takittg, destruction, or loss in value divided by (b) the fair mar]ret value of the Property <br />imnlediately before the partial taking, destniction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a parti�al taking, desWction, or loss in value of t�e Property in whych the faix market <br />value of the Property inm�ediately befo�+c tt� pa�rtial tal�ng, d�tn�ction, or loss in value is less than the <br />art�unt of the surms secured 'urur�ediately befom the partial taldng. destruction, or loss in value, unless <br />gorrower and L,ender otherwise agree in writing, the Miscellaneous Proce�d� shall be applied to the suuns <br />secured by this Security In,sbnm�t whether or not the sunais are then due. <br />If the Property is abandoned by Borrnwer, or if, after notioe by Lender to Bormwer that the <br />�pposing Party {as defined in the neat senter�ce) offers to makc an award to settla a claim far damages, <br />Horrovver fails to respond to Lettder within 3Q days after the date the notice is given, Leadcr is suihorize� <br />to collect and apply the Miscxdlaneous Prooeeds either to restoration or t+�pair af the Property or to the <br />suma secured by this Security Instrument, wheCher or not then due. "UAposing PartY" means the third P�Y <br />that owes Horrower Misc�llancous Proceads or the pariy against whom Borrower has a right of action in <br />regard to Miscellaxneous Proceeds. <br />Borrow�' shall be in default if any action ar proceeding, wheth� civil or crimin�l, is begun that, in <br />Lender's judg�nt, could result in forfcitura af the Property ar other material iunpairment of Lender's <br />interest an th� Property �or rights under this Sectuity Instrumeqt. Borrower can cure suc7� a default and, if <br />NEBRASKA - Sinple Family - Farn�ie Mae/FroddM Mac U�MIFORM INSTRUM�NT <br />�-BINE) loai � 1 peaa s nt � 5 �nnw„� �� �OxB 1/01 <br />