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2oiaos�s3 <br />As a result of these agreements, Lendet, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any aft�lzate of any of the faregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a partion of Borrower's payrnents for Mortgage Insurance, in <br />exchazage for sharing or rnodifying the martgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of I.ender 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 amoants that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not incirease the amount <br />Sarrower will owe for Mortgage Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect ta the <br />Mortgage Iesurance 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 abtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insarance premiums that were uneanned at the time of such cancellation ar <br />#ermination. <br />il. Assignment af Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the �'roperty is damaged, such Miscellan�ous Proceeds shall be applied to restoration or re�air of <br />the Property, if the restoration or repair is econornically feasible and Lender's security is not lesscnecl. <br />During such repair atad restotation period, Lender shall have tlae right to hold such Miseellaneous Praceeds <br />until I..ender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender xnay pay fvr the <br />repairs and restoration in a single disbursement or in a series of progress payrnents as the work is <br />completed. Unless atx agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be rcquired 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 Froceecls sha11 be applied to the sums secured by this 5ecurity Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneaus Proceeds shall be <br />applied in the order provided for in Section 2. <br />Tn the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds sha11 be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Barrower. <br />In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market <br />value of the Property imrnediately befare the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the surns secured by this Se�urity Instnunent irnrnediately befare the partial <br />taking, desttuction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrurnent shall be reduced by the amount of the Miscellaneous Proceecls <br />multiplied by the following fraction: (a) the total amount of the surns seeured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />irnrnediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destructian, or loss in value of the Property in which the fair axaa7rket <br />value of the Property immediately before the partial taking, destruction, or loss in value is less 1�an #}me <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, uniess <br />Borrower and �.ender otherwise agree in writing, the Miscellaneous Proceeds shall be applie� to d�e 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 I..ender to Bonower that the <br />Opposing Party (as de�ned in the next sentence) offers to mak� an award to settle a claim for damages, <br />Bor�'ower fails ta respond to Lender within 3Q days after the date the notice is given, L.ender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration ar repair of the Property or to the <br />surns secured by this Security Instn�nent, whether or not then due. "Opposing Party" means the third party <br />that awes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right af action in <br />regard to Miscellaneous Proceeds. <br />Sorrower shall be in default if any action or procceding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other matez�al ixnpairment af Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-BINE)losii� Page9of15 �nn�a�s: Form3p28 7/Q1 <br />� # 1f �� �+.,s �. w� <br />�� <br />