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2o1ioo314 <br />As a result of these agreernents, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any ather entity, or any affiliate of any af the foregoing, may receive (directly or indirectly) amounts that <br />derive from (ar might be characterized as) a portian of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the rnortgage 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 shaze af the <br />prerniurns paid to the insurer, the arrangernent is often termed "captive reinsurance." �'urther: <br />(a) Any such agreements wi11 not affect the amaunts that Borcower has agreed to pay far <br />Mortgage Insurance, or any other terms of the Laan. Such agreements will not "rncrease the arnoant <br />Borrower will owe for Mortgage Insurance, and they will not entitle Sarrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insarance under the Homeowners Protection Act of ] 998 or any other law. These rights <br />rnay include the right to receive certain disclosures, to reyuest and obtain eancellation 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 Miscellaneaus Proc�eds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be appli�d to restoration or repair of <br />the Property, if the restoration or repair is econo�nically feasible and Lender's security is not lessene�. <br />During such repair and restoratian 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 complete�i to <br />L.ender's satisfaction, provided that such inspection shall be undertaken pramptly. Lender may pay for the <br />repairs and restoration in a single disbursernent 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 econonnica�ly feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrurnent, <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 fox in Section 2. <br />In the event vf a tatal taking, destructian, or loss in value of the Praperiy, the Miscellaneous <br />Proceeds shall be applied to tlae sums secured by this Security Instrurnent, whether or not Chen 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 befoare the partial taking, destruction, or loss in value is equal ta or <br />greater than the amount of the sums secured by this Security Instrument irnrnediately before the partial <br />taking, destruction, or loss in value, unless Borrower and I.Ender othervc+ise agree in writing, the swnns <br />secured by this Security Instrurnent shall be reduced by the amaunt af the Miscellaneous Proc�ceds <br />multiplied by the following fraction: (a) the total arnount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divide�l by (b) the fair rnarket value of the Froperty <br />immediately befare the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destz�uction, or loss in value of the Property in which the fair marec�t <br />value of the Property immediately before the partial taking, destruction, ar loss in value is less t�an t�e <br />amount of the sums secured unmediately before the partial taking, destruction, or loss in value, ur�ess <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Procceds shall be applied to �e s�ns <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Horrower, 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 />surxxs 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 whorn Borrower has a right of action in <br />regard to Miscellaneous Procceds. <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 rnaterial impairment of L�nder's <br />interest in the Property or rights under this Security Instrument. Barrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UIVIPORM INSTRUMENT <br />�-6�NE��osiii Paeesori5 i�mais: Form3028 1/01 <br />� <br />, � <br />�� <br />