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20��oo3g3 <br />As a re5ult of these agreement5, Lender, any purc}aaser 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 charactenized as) a portion of Eorrower's payments for Mortgage lnsurance, in <br />exchange for sharing or modifying the rnortgag� insurer's risk, or reducing losses. If such agreernent <br />provides that an af�liate of Lender takea 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 "captiv� reinsurance." Further: <br />(a) Any such agreernents will not aff'ect the amounts that Borrower has agreed to pay for <br />Murtgage 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 wi11 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 />ma,y include the right to receive certain disclpsures, to request and obtain cancellatian of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mort�age Insurance premiums that were nnearned at the time of such cancellation or <br />termination. <br />11. Assi�nment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and sha11 be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall 6e applied to restoration or repair nf <br />the Property, if the restoration or repair is economically feasible and Lender's security is npt lessened. <br />Durinb 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 sha11 b� 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 a�reement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceed5, l,ender shall not be required to pay Borrower any interest or earnin�s pn such <br />Miscellaneous Proceeds. If the restpration or repair is not economically feasible or Lender's security would <br />be lessened, the Miscellaneous Pmceeds shall be applied to the surns s�cured by this Security Tnstrurnent, <br />whether or nnt then due, with the excess, if an.y, paid to Borrower. Such Miscellaneous Proceeds s1�a11 be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destructipn, or loss in value of the Property, the Miscellaneous <br />Procaeds shall be applied to the surns secured by this Security Instrument, whether pr nnt then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destxuction, or loss in value- of the Property in which the fair naarket <br />value of the Property immedia�ely bef'ore the. partial taking, destruction, or loss in value is equai to or <br />greater than the amount of Che sums secured by this Securiry Instrument imrnediately 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, destructian, or loss in value divided by (b) the fair market value of the Praperty <br />immediately before tb.e partial taking, destruction, or loss in value. Any balance shall be paid to Box <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 suzns 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 sunas <br />secured by this Security Instrument whether or not the sums arE then due. <br />lf the Praperty is abandoned by Borrower, or if, aft�r notice by Lender to Borrower that the <br />Opposing Party (a5 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 Instrurnent, whether pr not then due. "Opposing Party" means the third parCy <br />that owes Borrower Miscellaneous Prpceeds or th� 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 />231043 <br />NEBRASKA - Single Family -�annie M ae/Freddie M ac UNIFpRM INSTRUM ENT <br />�-6�NE) �oe�i� Page9 of 15 inic�ai : Form 3028 1101 <br />� <br />