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2aiooss�7 <br />As a result of these agreements, L,ender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, rnay receive (directly or indirectly) amounts that <br />derive frorn (or might be characterized as) a portion of Borrower's payments �or Mortgage Insurazxce, in <br />exchange for sharing ar modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an aff liate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the azrangement is often termed "captive reinsurance." Further: <br />(a) Any such agrcements will not affect the amounts that Sorrower has agrced 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 Insuran¢e, and they will not entitle Borrower ta any refund. <br />(b) Any such agreements will not affect the nghts Barrower has - if any - with respect to the <br />Mortgage Insurance 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 obtain cancelladon ot the <br />Mortgage Insarance, to have the Mortgage Insurance terminatecl automatically, aad/or to receive a <br />refund of any Mortgage Insurance premiams that were unearned at the time of such caecellation or <br />termination. <br />11. Assignment of Miscellaneous Proce�ds; Forfeiture. All Miscellaneaus Proceeds aze hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restorativn or rcpair of <br />the Property, if the restaration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration pe�iod, Lender shall have the right to hold suck► Miscellaneous Proce�eds <br />until Lender has had an opportunity to inspect such Property to ensure the work has been cornple�ed to <br />L.ender's satisfaction, provide� that 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 />cotnpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid an such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eannings on such <br />Miscellaneous Proceeds. Tf the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrurnent, <br />whether or nat then due, with the excess, if any, paid to Borrower. Such Miscellaneaus Frocce�ls shall be <br />applied in the order provided for in Section 2. <br />In the event of a tatal taking, destruction, or lass in value of the Property, the Miscellaneous <br />Proreeds shall be applied to the surns secure�l 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 Praperty in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equa] to or <br />greater than the amount of the sums secured by this Security Instrurnent irnmediately before the partial <br />taking, destructian, ar lass in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by tl�e amoux�t of the Miscellaneflus �roceeds <br />multiplied by the following fraction: (a) the total amount of the surns secured irnrnediately i�efore the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Pre�erty <br />imm�iately before the partial taking, destruction, or loss in value. Any balance shall be�aid to Bornower. <br />In the event of a partial taking, destruction, or loss in value of the Property in wtuch the f�ir � <br />value of the Property immediately before the partial taking, destruction, ar loss in value is less �n t�e <br />amount of the sums secured immediately before the partial ta�ing, destructioza, or loss in value, u�ess <br />Borrower and I,ender otherwise agree in writing, the Miscellaneous Procceds shall be applied to d�e � <br />secured by this Security Instrurnent whether or not the sums are then due. <br />If the Froperty is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to rnake an award to settle a clairn for darnages, <br />Barrower fails to respond to Lender within 30 days after the date the notice is given, L.ender is authorized <br />to collect ar►d apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />suXxas secured by this Security Instrument, whether or not then due. "Opposing Party" means Che third party <br />that owes Borrower Miscellaneous Procceds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proccetls. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lendet's judgment, could result in forfeiture of the Property or other material impairment of 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 MaelFreddie Mac UNIFORM INSTRUMENT <br />�-B(NE) (0811) Page 9 of 15 i��t�ais: � Form 3028 1/07 <br />� <br />, 3 9 <br />a <br />