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201a09711 <br />As a result of these agreem�nts, Lend�r, any purchaser af the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate 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 Jnsurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an af�iliate of Lender 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 amounts that Borrovver 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 the� will not entitle Borrower to any refund. <br />(b) Any such agreements wi11 not affect the r�ghts Sorrower 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 terminatec� aatomatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such �ancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Procceds 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 or 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 Lender has had a�n opportunity to inspect such Propexty to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursexnent or in a series of progress payments as the wark is <br />completed. Unless an agreernent is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, L,ender shall not be required to pay Borrower any interest or earnings 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 shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrawer. Such Miscellaneous Proce�ds shall be <br />applie� 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 surns secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid ta $orrower. <br />In the event of a partial taking, destruction, or loss in value af the Properiy in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is equal ta or <br />greater than the amount of the surns secured by this Security Instrurnent irnrnediately before the partial <br />takaing, destruction, or loss in value, unless $orrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellarzeous Froceeds <br />multiplied by the following fraction: (a) the total amount af the sums secured immediately before #he <br />partial taking, destruction, ar loss in value divided by (b) the fair mazket value of the Praperty <br />immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in val.ue of the Propeity in which the fair rnar�t <br />value of the Property immediately before the partial taking, destruction, ar loss in value is less Lhan the <br />amount of the swms secured immediately before the partial taking, destrucxion, ar loss in value, �mless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Procceds shall be appli� to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by �.ender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a clairn for daznages, <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 I'xoceeds either to restoration or repair of the Property or to the <br />swx�s secured by this Security Instrument, whether ar not then due. "Qpposing Party" means the third party <br />that owes Borrower Miscellaneous Procceds or the party against whorn 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 />T.,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 Instruznent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) 1ost�1 Page9of 15 �n�tia�s: For'm 3U28 1/01 <br />� <br />�• <br />� <br />