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201QO9713 <br />As a result of these agreernents, Lender, 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 fronn (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for shazing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate 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 agrcements will not affect the amounts that Borrower has agreed to pay for <br />Mo� 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 r3ghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 19�$ or any ather law. These rights <br />may include the right to receive certain disclosares, to request and obtain cancellation of the <br />Martgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund af any Mortgage Insurance premiums that were unearned at the time of sach cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned ta 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 ecanamically feasible arxd 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 an opportunity to inspect such Property to ensure the work has been cornpleted to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. I.ender rnay pay for the <br />repairs and restoration in a single disbursement or in a series of progress payrnents as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneaus Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous 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 swns secured by this Secwrity Tnstrument, <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 swns se�ured by this Security Instzument, 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 imrnediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the aznount of the sums secured by this Security Instnunent imrnediately before the partial <br />taking, destruction, or loss in value, unless Barrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrurnent shall be re�uced by the amount of the Miscellaneous Proceeds <br />rnultiplied by the following fraction: (a) the total amount of the surns secured immediately before the <br />partial taking, destructian, 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 be �aid to Bonawer. <br />In the event of a partial taking, destruction, or loss in value of the Property in wluch the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the surns secured immediately before the partial taking, destruction, or loss in value, unless <br />Bonvwer and Lender otherwise agree in writing, the Miscellaneous Procceds shall be applied to the sums <br />secured by this Security Instrurnent whether or not the sums are then due. <br />If the Property 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 make an award to settle a clai�nn 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 the third party <br />that owes Barrower Miscellaneous Proce�ds or the party against whom Borrawer has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Barrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other nnaterial impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Barrower can cure such a default and, if <br />NEBRASKA - Singla Family - Fannie Mae/Freddie Mac UNIFQRM INSTRUMENT <br />�-BINE) loa>>1 Pape 9 0f 16 inn�ais: �_ Form 3028 7/p1 <br />�� <br />t , � , <br />