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<br /> <br /> <br /> 201100279 <br /> <br /> <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 foregoing, may receive (directly or indirectly) amounts that <br /> derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br /> exchange for sharing 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 agreements will not affect the amounts that Borrower has agreed to pay for <br /> Mortgage 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 rights Borrower has - if any - with respect to the <br /> Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br /> may include the right to receive certain disclosures, to request and obtain 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; Forfeiture. All Miscellaneous Proceeds are hereby <br /> assigned to 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 economically feasible and 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 completed to <br /> Lender's satisfaction, provided 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 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 sums secured by this Security Instrument, <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 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 Property 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 amount of the sums secured by this Security Instrument immediately before the partial <br /> taking, 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 amount of the Miscellaneous Proceeds <br /> multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br /> partial taking, 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 shall be applied to the sums <br /> secured by this Security Instrument 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 claim 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 Instrument, whether or not then due. "Opposing 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 or proceeding, whether civil or criminal, is begun that, in <br /> Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's <br /> interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br /> NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> -6(NE) (o811) Page 9 of 15 Initials: Form 3028 1101 <br />