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�oi�oo37v <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 foregoing, may receive (directly ar indirectly) amounts that <br />derive from (or might be characterized as) a portian of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or nnodifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate af Lender takes a share of the insurer's risk in exchange for a share of the <br />pre�niums 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 Sorrower to any refund. <br />(b) Any such agreements will not affect the rights Sorrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowners Protection Act of 199$ or any other law. These rights <br />may inclade the right to receive certain disclosares, 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; Forfeitare. All Miscellaneaus 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, L.ender sha11 have the right to hold such Miscellaneous Proceeds <br />until L.ender has had an opportunity to inspect such Property to ensure the work has been campleted to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender nnay 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 ar 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. lf the restoration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the surns secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. 5uch 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 takzng, 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 af the sums secured by this Security Tnstrument irnrnediately before the partial <br />taking, destruction, or loss in value, unless Borrower and I..ender otherwise agree in writing, the sums <br />secured by this Security Instrument sha11 be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amonnt of the sum�s secured immediately before the <br />partial taking, destn►ction, 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 �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 Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums secured innmediately before the partial taking, destruction, ar lass in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this $ecurity Instrument whether or not the sums are then due. <br />If the Praperty is abandoned by Borrower, or if, after notice by L.ender to Borrower that the <br />Opposing Party (as de�ned in the next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to L.ender within 30 days after the date the notice is given, I.,ender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property ar to the <br />sums secured by this Security Instrument, whether or nat then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other rnaterial innpairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ' � <br />�-B�NE) losiil Page9of 15 in�c�ais: �!� Form 302$ 9/09 <br />