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�oiaoss53 <br />As a result of these agreernents, Lender, any purchaser of the Nate, another insurer, any reinsurer, <br />any other entiry, or any afffliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the rnortgage insurer's risk, ar reducing losses. If such agreement <br />pravides that an affiliate af Lender takes a share of the insurer's risk in exchange for a share of the <br />pre�niuzns paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms af the Loan. Such agrcements will nat increase the amount <br />Borrower wiil owe for Mortgage Insarance and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not aft�ect the nghts Borrower 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 cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automadcally, and/ar ta receive a <br />refund of any Mortgage Insurance premiums that were anearned at the time of sach cancellation or <br />termination. <br />11. Assignment 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 ar repair is economically feasible 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 L.ender has had an opportunity to inspect such Property to ensure the work has been cornpleted to <br />Lender's satisfaction, provided that such inspection sha11 be undertaken pramptly, I.ender may 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 ta pay Borrower any interest ar earnings on such <br />Miscellanepus Proceeds. If the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the surns 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 Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security 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 market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or <br />grcater than the amount of the sums secured by this Security Instrument immediately 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 Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the surns secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair rnarket value of the Property <br />immediately before the partial taking, destruction, or loss in value, Any balance shall ba paid ta Borrower, <br />In the evenc 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 valne is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Barrower and I,ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />Tf the Praperty is abandaned by Borrower, or if, after notice by L,ender to Borrower that the <br />Opposing Party (as defined in the next sentencc) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender 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 or to the <br />sums secured by this Security Instrurnent, whether or not then due. "Opposing Party" means thc 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 />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />I.ender'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 Instrurnent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannia Mae/Freddia Mac UNIFORM INSTRUMEN7 <br />�-B�NE) laat t1 Page 9 ot 15 mitials m 3028 1/09 <br />� d '.. � <br />