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2oiioo�_�o <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregaing, may receive (directly or indirectly) amounts that. <br />derive from (or might be characterized as) a portion of Borrower' G payments for Mort�age Insurance, in <br />exchan�e for sharin� or modifyin� the rnortgage insurer's riak, or r.educing losses. If such agreernent <br />provides that an af£'iliate of I,ender takec a share of the insurer' S risk in exciian�e for a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." F'urther: <br />(a} Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage lnsurance, or any other terms of the Loan. Such agreements will not increase the amount <br />Burrawer will owe for Mort�age Insurance, and they will not entitle Sorrower to any ret�und. <br />(b) Any such a�reements will not affect the rights Borcower has - if an,y - with respect to the <br />Martgage Insurance under the Homeowners Protecti��n Act of 1998 or any other law. '�"hese rights <br />may include the right to rec�ive certain disclosures, to request and obtain cancellation ot' the <br />Mortgage Insurance, tu have the Mortgage Insurance terminated automatically, and/or tu receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such canceliation or <br />terminatipn. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Froceeds are hereby <br />asaigned to and shall be paid to Lender. <br />If the Property is da�naged, such Miscellaneous Proceeds shall be appli�d to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lendear's security is not lessened. <br />Durin� such repair and restoration period, Lender shall have the right to hold such Mzscellaneous Proceeds <br />until Lender ha5 had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender' s satisfaction, provided that such inspection shall be undertaken prampCly. Lender may pay for the <br />repair5 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 Applicabie Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings an sucli <br />Miscellaneous Proceeds. lf ttae reatoration or repair is not economically feasible or Lender' s security would <br />be lessened, the Miscellaneous Proceed5 sl�all be applied to the suzns secured by thi.s Security Instrument, <br />whether or not then duc, with the excess, if any, paid to Borrower. Such Miscellaneous Proceed5 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 sumti secured by this Security Instrument, whetl�er or not Chen due, witl� <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value �f the Property in which the fair market <br />value of the Property irnrnediately before the partial talcing, destruction, or loss in value i5 equal to or <br />gr�at�r than the amount of the sums secured by this Security Instrument immediately before the partial <br />taltiing, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the axnount of the Miscellaneoua Proceeds <br />multiplied by the following fraction: (a) the total amount nf the sums secured irnmediately before the <br />partial taking, dest� or lass in value divided by (b) the fair market value of the Property <br />i�unediately before the partial taking, destruction, or loss in value. Any balance shall be �aid 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 Praperty immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miac�llaneous Proceeds sha11 be applied to th� sums <br />secured by this Security lnstrument 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 />Oppasing Party (as defined in tl�e next sentence) offers to malce an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 days aFter the date the notice is given, I.ender is authorized <br />to collect and apply the Miscellaneous Proceeds �ither to restoration or repair of the Property ar to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneoua Proceeds or the party against whom 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 be�un that, in <br />Lender' s judgment, cauld result in forfeiture of the Property or other xnaterial impairment of Lender' s <br />int�rest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />231031 <br />NEBRASKA - Single �amily - Fannie MaelFreddie Mac UNIFORM INSTRUMEN7 J �� <br />�-6(N�) (0811) Page9 of 15 Initials: �/F/' Form 3028 1/01 <br />� <br />