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2oiaos24� <br />As a result of these agreements, Lender, any purchaser of the Nate, another insurer, any reinsurer, <br />any pther entity, ar any affiliate of any of the foregoing, may receive (directly or indirectly) arnounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, 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 />premiums paid ta 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 Insarance, 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 affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of ] 99$ 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 Praceeds are hereby <br />assigned to and sha11 be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restaration pr 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 hpld such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />I,ender's satisfaction, 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 payrnents as the work is <br />completed. Unless an agreernent is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, L.ender sha11 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 I.ender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secnred by this Security Instrument, <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, destructipn, pr lpss 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 ta Barrower. <br />In the event af a partral taking, destruction, or loss in value of the Property 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 Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Borrpwer and Lender otherwise agree in wriCing, the suzns <br />secured by this Security Instrurnent shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately befare the <br />partial taking, destruction, or loss in value divided by (b) the fair market value af the Property <br />immediately before the partial taking, destruction, ar 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 Property immediately before the partial taking, destruction, or loss in value is less than the <br />arnount of the sums secured imm�ediately before che partial taking, destruction, or loss in value, unless <br />Borrower and T_.ender otherwise agree in writing, the Miscellaneous Proceeds shall bc applied to the sums <br />secured by this Security Instrument whether or not the surns are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as d�fined in tl�� next sentence) offers to rnake an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the date the natice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration ar repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or crirninal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender'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 UNIFQRM INSTRUMENT <br />�-6�NE) (o8t t 1 Paae s of � 5 in�c�ais: �� Form 3028 9/01 <br />� . ..r <br />, .. Ry R� ��., .� ,, <br />