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�oioo94ss <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any af�liate of any oF the foregoing, may receive (directly oar indirectly) ar►aounts tk�at <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or tnodifying 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 annoants tk�at Bo� 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 Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowne�rs Protection Act of 199$ or any other law. These rights <br />may include the right to receive certmin disclosures, to request and obtain cancellatian 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 />11. Assignment of Miscellaneous Proceeds; Forfeitare. All Miscellar�eous Procee�s are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applieti to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lenrler's security is nnt iessened. <br />During such repair and restoration period, l.ender shall have the right to hold such Miscellaneaus Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided ihat 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 />campleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Froceeds, Lender shall not be required to pay Borrower any interest or earnuigs on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security woWd <br />be lessened, Che Miscellaneous Proceeds shall be applied to the sums 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 Properiy, the Miscellaneous <br />Proce�s shall be applied to the sums secured by this Security Instrurnent, 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 Property 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 Instiwnent i�nntnediately 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 Miscellaneaus Proceeds <br />multiplied by the following fraction: (a) the total amaunt 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 />immediately before the partial taking, destruction, or loss in value. Any balance shall be �aid to Bonower. <br />In the event of a partial taking, destruction, ar loss in value of che Property in which the fair rnarkei <br />value of the Propez�y immediately before the partial taking, destruction, or loss in value is less than the <br />arnount of the sums secured imme�iiately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Misc�llaneous Proceeds shall be applied to the surns <br />secure� by this Security Instrwr�ent whether or not the surns are then due. <br />If the Property is abandoned by Barrower, or if, after natice by Lender to 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 fa�ils to respond to I.ender 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 />swms secured by this Security Instrurnent, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or th� party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Bo;rrower shall be in default if any action or procceding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in farfeiture of the Property or other material unpairment of Lender's <br />interest in the Property or rights under this SecuriCy Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Msc UNIFORM IN$TRUMENT <br />�-B(N�) (0811) Page 9 of 15 Initials: <br />� <br />'� Y "'•� , .. , <br />� <br />V � <br />Form 3028 7l01 <br />