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2oioos244 <br />As a result of these agreements, Lend�r, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoin�, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Sorrower' s payments for Mortgage lnsurance, in <br />exchange for sharing or madifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lander 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 Borrawer has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Sorrower has - if any - with respect to the <br />Mortgage Insurance under the Hameawners Pratection Act of 1998 or any other law. T1�ese rights <br />may include the right to xeceive certain disclosures, to request and obtain cancellation o1' 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 titne af sach cancellation or <br />termination. <br />11. Assignment of Miscell�neaus Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid ta Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied ta 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 an opportunity to inspect such Froperty to ensure the work has been completed to <br />Lender' s satisfaction, provided that such inspection shall be undertaken pronnptly. Lender may pay for the <br />repairs and restoration in a single disbursement ar 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, Lender shall not be required to pay Bnrrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not ecanomically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security lnstrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Praceeds sha11 be <br />applied in the vrder provided for in Section 2. <br />In the event of a total taking, destruction, 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 �orrower. <br />ln 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 hefore the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instruznent 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 arnount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial talcing, 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 af the Property in wluch the fair market <br />value af the Property irnmediately before the partial taking, destruction, or loss in value is less than the <br />arnount of the sums secured in:�naediately befare 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 5ecurity Instrument whether or not the sums are then due. <br />Tf the Froperty is abandoned by $orrower, or if, after notice by Lender ta Borrower that the <br />Opposing Farty (as defined in the next sentence) offers to n�ake an award to settle a claim for damages, <br />Borrower fails to respand to Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Praceeds 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 />regard to Miscellaneaus Proceeds. <br />Bozrower shall be in default if any action or proceediang, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Properiy or other material inipairment of L�nder's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a d�fault and, if <br />230994 <br />NE9RASKA - Single Family - Fannie M aelFreddie M ac UNIFpRM INSTRUM ENT <br />�-6�NE) (08�1) Page9 of 15 Initials: Form 3028 1101 <br />� <br />