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�Q1009355 <br />As a result of these agreements, I.ender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any af�liate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (pr might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the rnortgage 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 to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any sach agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not inerease the amount <br />Borrower will qwe for Mortgage Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Barrower has - if any - with resPect ta the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 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 />termin�tion. <br />11. Assignment of Miscellaneous Proceeds; Forfeitare. All Miscellaneous Proceeds are hereby <br />assigned ta and shall be paid to L.ender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Fraperty, if the restoration or repair is econornically 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 ta inspect such Praperty to ensure the work has been completed to <br />Lender's satisfaction, provided that such ianspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursernent or in a series of progress payments 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, Lender shall not be required to pay Borrower any interest or earnings an such <br />Miscellaneous Proceeds. If the restoratian or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the surns secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. 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 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 Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair rnarket <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the arnount of the sums secured by this Security Instrument 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 amount af the M15Ce11at1�0US PipCB�(�S <br />multiplied by the following fraction; (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />im,mediately before the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, dest�vction, or loss in value of the Property in which the fair market <br />value of the Property immediacely before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured irnrnediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds sha11 be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrawer, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for darnages, <br />Borrower fails to respond to L,�nder within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property ar to the <br />surns secured by this Security Instrurnent, whether or not then due. "Opposing Party" msans the third party <br />that owes Barrower Miscellaneous Proceeds or the party against whom Borrower 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 criminal, is begun that, in <br />L,Qnder's judgment, could result in fprfeiture of the Property or other material impairment of I.ender's <br />interest in the Property or rights under this SecuriCy Instz'ument. Bo�'rower can cure such a default and, if <br />NEBRASKA - Single Famiiy - F�nnie Mae/Freddie M8c UNIFORM INSTRUMENT <br />�-B(NE) loe� i 1 Paee s or � s Initials: F0�1Y1 $O7$ 9/09 <br />,. t ; y ; `� <br />. , w <br />