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2oiiQO�3o <br />As a result of these agreements, Lender, any purck�aser of the Note, another insurer, any reinsurer, <br />any other entity, or any affliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a porlion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortga�e insurer's risk, or reducing losses. If such agreement <br />provides that an affliate of Lender takes a share af the insurer's riak in exchan�e 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 Borrawer has agreed to pay for <br />Mortgage lnsurance, or any other terms of the Loan. Such a�reements will npt increase the amoant <br />Borrower will owe for Martgage Insurance, and the,y will not entitle Sorrower to any refund. <br />(b) Any such agreements will not affect the rights Borxawer has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protectian Act of 1998 ar any other law. These rights <br />ma,y include the right to receive certain disclosures, to request and abt�in cancellatinn af the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage �nsnrance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Fprfeiture. All Miscellaneous Proceeda are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restaration or repair of <br />the Praperty, if the restoratinn or repair is economically feasible and Lender's security is not lessened. <br />Durin� 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 Properiy 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 restoraCion in a single disbursement or in a series of progress payrnents as the work is <br />completed. Unless an agreement. is made in writing ar Applicable Law requires interest tc� be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrawer any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not econamically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceedti shall be applied to the sums securad by this 5ecurity Instrument, <br />wh�ther or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous �roceed5 shall be <br />applied in the order provided far 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 sums secured by� this Security Instrument, 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 Property immediately before the partial taking, destruction, or loss in value is equal to or <br />greater than the arraount of the sums secured by this Security Instrument immediately befpre the partial <br />taking, destruction, or loss in value, unless Borrower and Lender atherwise agree in writing, the sums <br />secured by this Security Instrument sha11 be reduced by the amount of the Miscellaneous Froceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured irnrnediately before the <br />partial talcing, destruction, or loss in value divided by (b) the fair market value of the Property <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 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 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 Miscellaneous Proceeds sha11 be applied to dze sums <br />secured by this 5ecurity Instruznent 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 rnake an award to settle a claun 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 Instxument, whether or not then due. "Opposin� Party" means the third party <br />that owes Borrower Miscellaneous 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 pr proceeding, whether civil or criminal, is begun that, in <br />Lender' s judgment, could result in forfeiture of the Property or other xnaterial impairment of I..ender's <br />interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if <br />231042 <br />NEBRASKA - Single Family - Fannie M aelFreddie M ac UNIFORM INSTRUM ENT � <br />�-B(NE) (0811) Page9 of 15 �nitials: ,�� Fqrm 3028 1/01 <br />� <br />