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20100938i <br />As a result of these agreements, I.ender, any purchaser of the Nate, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indir�ctly) amounts that <br />derive from (or rnight be characterized as) a portion of Borrower's payxnents for Mortgage Insuranc�, in <br />exchange for skiaxing 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 to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Barrower 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 endtle Sorrower to any refund. <br />(b) Any such agreements will not affeM the r►ghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These nights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Tnsurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancelladon or <br />tCC11'11I1at1AI1. <br />11. Assignment of Miscellaneous Praceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to L.ender. <br />If the Property is damaged, such Miscellaneous Pcoceeds shall be appliad to restorativn ox �air of <br />the Property, if the restoration or repair is economically feasible and Lender's s�curity is not les�. <br />During such repair and restaration period, L.ender shall have the right to hold such Miscellaaie�us Proc�ds <br />until Lender has had an oppartuniCy to inspect such Property to ensure the wor�C has beez� cornpleted to <br />Lender's satisfaction, provided that such inspection sha11 be undertaken promptly. Lender rnay pay for the <br />repairs and restoration in a single disbursement or 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, T_.ender 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 I.ender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the swn�s 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 provide�i 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 Praperiy 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 arnount of the swxLS secured by this Security Instnunent irnrnediately 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 of the Miscellaneflus Proceeds <br />multiplied by the following fractian: (a) the total amount of the swns se�ure� immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />irnx�nediately 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 Praperty in which the fair u�arket <br />value of the Property immediately before the partial taking, destruction, or loss in value is less ti�an the <br />amount of the sums secured imrnediately before the partial taking, destruction, or loss in value, unless <br />Barrower and I.er►der atherwise agree in writing, the Miscellaneous Proceeds shall be applie� to t�:e swns <br />secured by this Security InstnunenC whether or not the sums are then due. <br />Tf the Property is abandoned by Borrawer, or if, after notice by Lender Co Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award Co settle a claim for dannages, <br />Borrower fails to respond to I.,ender withiz� 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 or to the <br />surns secured by this Security Instrument, whether or not then due. "Opposing Pariy" means the third party <br />that owes Borrawer Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneaus Proceeds. <br />Borrower shall be in default if any action or procee�ling, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or ather material impairment af Lender's <br />interest in the Property or rights under this Security lnstrument. Borrower can cure such a default and, if <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />�-6�NE) loat t1 Page 9 of 15 i��t�ais• Form 3028 1/01 <br />� <br />t ; � v ' .., <br />