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2oioo9s45 <br />As a result af these agreements, L,ender, any purchaser of the IVote, another insurer, any xeinsurer, <br />any other entity, or any affiliate of any of the foregoing, rnay receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payrnents for Mortgage Insurance, in <br />exchange for sharing ar modifying the mortgage insurer's risk, nr 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 agreements will nat affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms oF the Loan. Such agrcements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower ta any refund. <br />(b) Any such agreements will not affect the rights Sorrower has - if any - with respect ta the <br />Mortgage Insarance under the Hameowners Protection Act of 199$ or any other law. These rights <br />may inclade the right to re�eive certuin disclosures, to request and abtain 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; Fort'eiture. All Miscellaneous Proceeds are hereby <br />assigned to and sk►all be paid to I..ender. <br />If th� Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is econornically feasible and Lender's security is nat lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellane�us Proceeds <br />until I.ender has had an opportunity to inspect such Pxoperty to ensure the work has been completed to <br />Lender's satisfaction, provide�i 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 />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 to pay Borrower any interest or eamulgs on such <br />Miscellaneous Proceeds. If the restoration or repair is nat economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the swns secured by this Security Instrurnent, <br />r�vhether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the arder provided far in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Procceds shall be applied to the sums secured by this Secuz�ty Instnunent, 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 Froperty in which the fair market <br />value of the Praperty immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the annount of the sums secured by this Security Instnunent i�tu�iately before the partial <br />taking, destructian, or loss in value, unless Borrower and L.ender otherwise agre�e in writing, the swns <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 befvre the <br />partial taking, destruction, or loss in value divided by (b) the fair rnarket value of the Property <br />imrnediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bornower. <br />In the event of a partial taking, destruction, or loss in value of the Property in whrch the fair mari�et <br />value of the Property irnmediately before the partial taking, destruction, or loss in value is less than d� <br />amount of the sums secure� immediately before the partial taking, destructiou, or loss in val�, ur�ss <br />Borrower and I..ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to die sum� <br />secured by this Security Instrurnent whether or not the sums aze then due. <br />Tf the Property is abandoned by Borrower, or if, after notice by Lender to $orrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for datxiages, <br />Borrower fails ta respond to Lender within 30 days after the date the notice is given, Lender is autharized <br />to collect and apply the Miscellaneous Proceeds either ta restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" xneans the third party <br />that owes Barrower Misccllaneaus Proceeds 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 />L.ender's judgment, could result in forfeiture of the Property or other material irnpairment of Lender's <br />interest in the Property or rights under this Security Instrurnent. Borrower can cure such a default and, if <br />NEBRASRA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />�-6(NE) IOSi tl Page 9 of 15 i��t�eis: Form 3028 1/09 <br />� <br />� � i :. 'x ; � <br />