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2010Q970G <br />As a result of these agreements, �.,Qnde;r, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) arnounts that <br />derive from (ar might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a shaze of the insurer's risk in exchange for a share af the <br />pr�miums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Sorrower 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 ta the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right #o receive certain disclosures, ta request and obtain cancellation 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; Forfeiture. All Miscellaneous Proceeds aze hereby <br />assigned to and shall be paid to T...ender. <br />If the ProperCy is damaged, such Miscellaneous Procceds shall be applied to restoration or repair of <br />the Property, if the restoratzon or repair is economically feasible and Lender's se�urity is not lessen�. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Prac�eds <br />until L.ender has had an opportunity ta inspect such Property to ensure the work has bcen cornpleted to <br />Lender's satisfaction, provided that such inspection sha11 be undertaken promptly. L.ender may pay for the <br />repairs and restoration in a single disburseznent or in a series of progress payments as the work is <br />campleted. Unless an agreernent is made in writing ar Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamings on such <br />Miscellaneous Proceeds. If the restoration or repair is not econornically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds sha11 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 Misc.ellaneous Proceeds sha11 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 Banower. <br />In the event of a partial taking, destruction, ar loss in value af the Property in which the fair market <br />value of the Property iznmediately before the partial taking, destnrction, or loss in value is equal to or <br />greater 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 agrec in writing, the sums <br />secured by this Security Instnunent shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount af the sums secured unrnediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Properiy <br />immediately before the partial taking, destructian, or lass in value. Any balance shall be �aid to Balrower. <br />In the event of a partial taking, destruction, or loss in value af the Property in whicli the fair rnark,et <br />value of the Property immediately before the partial taking, destruction, or lvss in value is less i� i�e <br />amount of the sums secured immediately before the partial taking, destn�ctioax, or loss in value, un�ess <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceec�s shall be applied to tlae su�ms <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by �orrower, or if, after notice by Lender to Borrower that die <br />Opposing Party (as defined in the next sentenc�) offers to make an award to settle a clairn 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 ta the <br />sums secured by this Security Instnunent, whether or not then due. "Oppasing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whorn Borrower has a�ght of action in <br />regazd 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 T.ender's <br />interest in the Property or rights under this Se�urity Instrument. Borrower can cure such a default and, if <br />NEBRASKA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6�NE) laat t1 Pege 9 of 15 Initials: <br />� <br />� <br />Form 3028 1/01 <br />