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2�1����01 <br />As a result of these agreements, I.ender, any purchaser pf the Note, another insurer, any reinsurer, <br />any other entity, ar any affiliate of any of the foregoing, may receive (direc:tly or indirectly) amounts that <br />derive frum (ar might be characterized as) a portion of Borrow�r's payinents for Mortgage Insurance, in <br />exchange for sharing ar modifying the mortgage insurer's risk, or reducing losscs. If such agreernent <br />provides that an affiliate af J..ender takes a share of the insurer's risk in exchange for a share af the <br />premiums paid to the insur�r, tlx� arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agre�m�ents will not affect the amounts that Borrower has agreed to pay for <br />Mortgags In�suranee, or any other terms of the Loan. Such agreements wi11 anot increase the amount <br />Borrower will awe for Mortgage Insurance, and they will not entitle Borrawer to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respcct tU the <br />Mortgage Insurance under the Home�wners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclosures, to request and ohtain cancellation of the <br />M�rkgage Irrsurance, to have the Mortgage Insurance tcrminat�d autUmatically, and/or to receive a <br />refund of any Mortgage Ynsurance premiums that were unearned at the time of such canccllatian ar <br />t�rmination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Misc.ellaneous Proceeds are hereby <br />assigned to and shall be paid to T.ender. <br />If the Property is damagsd, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Praperty, if the restoration or repair is economically feasible and Lend�r's security is ncat lessened. <br />During such repair and restaration period, Lender shall have the right to hold such Miscellaneous Proceeds <br />untii I..ender has had an opportunity to inspect such Property Co ensurc tbe wark has been completed ta <br />L.ender's satisfaction, provided that such inspection shall be undertaken promptly. I.ender may pay tc�r lhe <br />repairs and restoration in a single disbursement or in a series of progress paynn�aGs as ths wark 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 Borrower any intcrest or �arnings on such <br />Miscellan�ous Proceeds. If the restoration or repair is not economically feasible or l,ender's security would <br />bc lesssned, the 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 Praceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total laking, dcstructian, nr l��ss in valu� af the Property, the Miscellaneous <br />Proceeds shall be applied to the sums sccured by this Security Instrum�nt, whether aar not then due, with <br />the excess, if any, paid to Barrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />value of lhe Property immediately before the partial taking, destruction, or loss in value is equal to or <br />grcater than th� arrxount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unl�ss Barrow�r and L�ndcr atherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums sccured imm�diat�ly beforc thc <br />partial taking, destruction, or loss in value divided by (b) the fair rnark�t valu� af tkx� Praperty <br />immediately betore the partial taking, destructi��n, or loss in value. Any balance shall be paid ta Barrawer. <br />In th� ev�nl af 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 l�ss in valuc is lcss than ihe <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneaus Proceeds shall be applied ta the sums <br />secured by this Security Itastrument whether or not the sums ar� then du�. <br />If th� Prop�rty is abandoned by Barrower, ar if, after natice by Lender to Borrowex that the <br />Opposing Party (as defined in the next sentence) offers to rnake an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days after the ciate 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 />sums secured by this Security Tnstrument, whether or not then due. "Upposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Barrower shall be in dcfault if any action or proceeding, whether civil or criminal, is begun that, in <br />I..�nd�r's judgment, could result in farfeitur� af the Property or other material impairmcnt of Lender's <br />interest in the Property or rights under this Security Instrurnent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT O <br />�-BINEI iosi n Page 9 af 16 i��c�ei8: ' � Form 3028 9/09 <br />