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201100007 <br />As a result of these agreements, Lender, any purchaser of lhc NotG, another insurer, any reinsurer, <br />any c�ther entity, or any affiliate of any [�f thc fc�rcgc�ing, rnay receive (directly or indirectly) aznounta that <br />derive from (or might bc characCerized as) a portion of Borrower's payments fc�r Martgage Insurance, in <br />exchange fc�r sharing or modifying the mortgage insurer's risk, c�r reducing losses. If such agreement <br />provides that an affiliate of T.endcr �ake:s a share of the insurer's risk in exchange f�r a share of thc <br />premiurns paid to the insurer, lhe arz�angurnent is often termed "captive reinsurance." I'urthcr: <br />(a) Any such a�reements vvill not affect the amounts that Borrower has agreed to pay for <br />Mortgag� Insurance, or any other terms of the Loan. Such agreements will not inerease the amount <br />Borr��wer will owe for Mortgage Insuranc�, and they will nat ent'rtle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrow�r ha5 - if any - with respect to the <br />Mortgage Insurance under the Homeotwners Protection Act of 1998 or any other law. The�e rights <br />may include the right to areceive certsYin disclosures, to request and obtain cancellation ot th� <br />Mortgage Insurance, to lxave the Mortgage Insurance terminated autamatically, and/or to receive a <br />refund of any Mortgage Insurance premium.s that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Prc�cc�ds ar� hereby <br />assigned Co and shall be paid to Lender. <br />If the Property is damagad, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />lhe Property, if the restoration or repair is economically feasible and I_ender's security is not lessened. <br />During such repair and restoration period, T.ender shall have the right to hold such Miscellaneous Proceeds <br />until Lender has had an c�ppc>rtunity to inspect such Property to ensure the work has been completed to <br />L.ender's satisfaction, provided lhal such insp�ction shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a singlc disbursement or in a series of progress payments as the work is <br />completed. iJz�l�:ss an agreement is made in writing or Applicable T.aw requires interest fo bc: paid c�n such <br />Misccllaneous Proc�eds, Lender shall not be required to pay Borrower any inlc:r�st ar earnings on such <br />Miscellaneous Proceeds. If the resloralic�n or r�:pair is not ecpnomically feasible or Lender's security would <br />be lessened, the Misccllanec�us Proceeds shall be applied to the sums secured by this Security Tnstrument, <br />whelher or not then due, with the excess, if any, paid to Borrowcr. Such Miscellaneous Proceeds shall be <br />applied in the order provided fcir in S�clic�n 2. <br />In the event of a total laking, d�struction, or loss in value of the Yroperty, the Miscellaneous <br />Proceeds shall be appli4d Ca the sums secured by this Security Instrument, whether or not then due, with <br />thc �xc;ess, if any, paid to �3orrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market <br />valuc: of the Property immediately before the pariial taking, destruclion, ar loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrumcnt immediately before the partial <br />taking, destruction, or Ioss in value, unless Borrovver and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous T'roceeds <br />multiplied by tlxe following fraction: (a) the total amount of the sums sccured immediat�ly before thc: <br />partial taking, destruction, or loss in value divided by (b) the Pair market value af th� Prc�pez'ty <br />immediately before the partial taking, destruction, or loss in value. Any balanc:e shall be paid tc� Bc�rrnwer. <br />Tn 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 less lhan Lhc <br />amount of the sums secured immediately before the partial taking, destructian, ar lc�ss in value, unless <br />I3orrowcr and I,ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the suins <br />securcd by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by I3orrower, 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 claim for damages, <br />B�rrowcr fails tc� respond to L.ender within 30 days after the date the notice is given, Lender is authorized <br />tc� cc�llect and apply the Miscellaneous Proceeds either to restoration or repair of� the Property or to the <br />sums securcd by lhis Security Instrurnent, whether or not then due. "Opposing Party" means the third party <br />lhat owcs Bc�rrc>wer Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />rugard to Miscellanr.ous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun lhat, in <br />Lender's judgnient, could result in forfeiture of the T'roperty or other material impairment of T.ender's <br />interest in the Pr�perty or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRA5KA - 5ingle Family - Fannie Mae/Freddie Mac UNIFORM INSTRUM�NT <br />� -F)�NE) (0811) Page 9 of 16 i��c�eig: r� Form 3028 1/01 <br />� <br />