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20100944G <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any aff liate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Horrower' 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 aft"iliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangemenC is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Sorrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Snch agreements will not increase the amount <br />Barrower will owe for Mortgage Insurance, and they will not �ntitle Borrower to any refund. <br />(b) Any such agxee�nnents will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Hameowners Protection Act of 1998 or �ny other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancelladon 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 />ll. Assignrnent of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasihle 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 Froperiy to �nsure the work has be�n epmpleted to <br />Lender' s satisfaction, provided that such inspection shall be undertaken promptly. Lender znay 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, Lender shall not be required to pay Boxrower any interest or earnangs on such <br />Miscellaneous Proceed5. If the restoration or repair is not ecanpmically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Insmzment, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall b� <br />applied in the prder provided for in Sectian 2. <br />In the event of a total taking, destruction, or loss in value of the ProperCy, the Miscellaneous <br />Pmceeds shall be applied to the sums secured by this Securiry 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 markel. <br />value of the Property unmediately before the parCial 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 atherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amaunt of the Miscellaneous Proceeds <br />multiplied by the £ollowing fraction: (a) the tota] 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 />ixnmediately before the partial taking, destruction, or loss in value. Any balance shall be 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 Property immediately before the partial taking, destructian, or loss in value is less than the <br />amount of the sums secured im.mediataly before the partial taking, destruction, or loss in value, unless <br />$orrower and 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 abandoned by Borrower, or if, after notice by Lender ta Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a clairn for damages, <br />Borrower fails to respond to Lender within 30 days after the date the notice is givan, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not thez► due. "Opposing Party" zneans the third party <br />that owes Borrower Miscellaneous Praceeds or the party against whaam Barrower 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 cri�minal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Properiy or otkier material impairxnent of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />230999 <br />NEBRA5KA - Single �amily - Fannie M ae/Freddie M ac UNIFORM INSTRUM ENT <br />�-B(N�) (0811) Page 9 of 15 Initials� F01'lll 3028 1/p1 <br />� ./ <br />/Y �t /y <br />G(/C/C� <br />