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2011Q0324 <br />As a result of these agreernents, 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 frozn (or might be characterized as) a portion of Borrower's payments for Mo�tgage Insurance, in <br />exchange for sharing or modifying the martgage insurer's risk, or reducing losses. If such agreernent <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 />Mo�rtgage Insurance, or any other terms of the Loan. Sach agreements will not increase the amount <br />Barrower will owe for Mortgage Insurance, and they will not entitle Borrowt�' to any refund. <br />(b) Any such agreements will nat affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 1448 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, ta have the Mortgage Insurance terminated automatitally, and/or to receive a <br />refund af any Martgage Insurance premiums that were unearned at the time of such cancellatian or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellan�us Proc�eds are hereby <br />assigned to and shall be paid to L.ender. <br />If the Property is damaged, such Miscellaneous Proc�eds shall be applied to restoration or �uir of <br />the Property, if the restoration or repair is economically feasible and L,ender's security is not 1�. <br />During such repair and restoratian period, Lender shall have the right to hold such Miscellaneaus Prac�eecis <br />until Lender has had an oppominity to inspect such Property to ensure the work has been completad to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender rnay pay for the <br />repairs and restoration in a single disburserrzeant or in a series of progress payments as the work is <br />cornpleted. Un�less an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be requi red to pay Borrower any interest or earnings on such <br />Miscellaneaus Proceeds. If the restaration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the swns 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 Sectian 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proccetis shall be applied to the swns 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 paztial 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 surns secured by this Security Instxument immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, tt�e swns <br />secured by this Secu�ity Instnunent shall be reduced by the amaunt of the Miscellaneous Praceeds <br />nnultiplied by the following fraction: (a) the total amount of the sums secured ixnmediately befare the <br />partial taking, destructian, or loss in value divided by @) the fair market value of the Prpperty <br />immediately before the partial taking, destruction, ar loss in value. Any balance shall be paid to Borrower. <br />In the event af a partial taking, destruction, or loss in value af the Property in wh�ch the fair �'k�et <br />value of the Property immediately before the partial taking, destruction, or loss in value is le.ss iha� t�ae <br />amount of the sums secured immediately before the partial taking, destruction, ar loss in value, u�ess <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to itae s�uns <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrowet, or if, after notice by Lender to Borrower Chat the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for darnages, <br />Borrower fails to respond to I.ender 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 Praperty or ta the <br />sums secured by this Security Instrurnent, 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 Proceeds. <br />Barrower 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 UNIFQRM INSTRUMIENT <br />� page9of15 i��t�a��9 Form3028 1/01 <br />� �� <br />/� <br />v� � : <br />