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201�09331 <br />As a result af these agreements, Lender, any purchaser of the Note, anather insurer, any reinsurer, <br />any other encity, or any af�liate of any of the foregoing, may receive (directly or indirectly) arnounts that <br />derive from (ar might be characterized as) a portion af Barrower'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 />premiwns paid to the insurer, the arrangernent is often termed "captive reinsurance." Furth�r: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed ta pay far <br />Mortgage Tnsurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Borrower w'tll owe for Mortgage Insurance, and they will not endtle Sorrower to any refund. <br />(b) Any such agreements will not affect the rights Borrawer has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Pratection Act of 199$ or any other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage �nsurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insnrance premiu►ns that were unearned at the time of such cancellation or <br />terminatian. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds a�re l�ereby <br />assigned to and shall be paid to T.ender. <br />Jf the Property is damaged, such Miscellaneous Procceds shall be applie� to restoration or re�air of <br />the Property, if Che restoratian or repair is ecvnomically 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 I.ender 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 promptly. Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completerl. Unless an agreement is rnade in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall 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 Lender's security would <br />be lessened, the Miscellaneous Proce�ds shall be applied to the surns secured by this Security Inst�ent, <br />whether or not then due, with the excess, if any, paid ta Bonower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a tatal taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the swms secured by this Security 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 market <br />value of the Propexty 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 Instnunent immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the swns <br />secured by this Security Instrument shall be reduced by the amaunt of the Miscellaneous Proceeds <br />multiplied by the fallawing fraction: (a) the total amount of the sums secured immediately before tl�e <br />partial taking, destruction, or loss in value divided by (b) the fair m�arket value of the Property <br />imrnediately before the partial taking, destruction, or loss in value. Any balance shall be�aid to Borrower. <br />In the event af a partial taking, desCructian, ar loss in value of the Property in which the fair market <br />value of the Property imrnediately 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 aand Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrurnent whether or not the sums are then due. <br />If the Property is abaz�doned by Borrower, or if, after notice by Lender ta Borrower that the <br />Opposing Party (as defined in the next senCence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond ta Lender within 30 days after the date the notice is given, Lender is authorized <br />ta collect and apply the Miscellaneaus Proceeds either to restoration ar repair of the Property or to the <br />surns 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 Barrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or procceding, whether civil or criminal, is begun that, in <br />Lender's judgrnent, could result in forfeiture of the Property ar other rnaterial impairment of Lender's <br />interest in the Property or rights under this Security Tnstnunent. Barrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM IN5TRUMENT <br />�-B�NE) loatt� Page9of 15 initia�s; Form 3028 1/01 <br />� <br />'i � d �� � . <br />,` <br />