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�4��004�0 <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any nther entity, or any affiliate of any af 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 Tnsurance, in <br />exchange far sharing or modifying the mortgage insurer's risk, or reducing Insses. If such agreement <br />provides that an affiliate of I.ender 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 suah agreements w�ill nat affect the amounts that Sorrowcr has agreed to pay for <br />Mortgage Insuranca, or any other terms of the Loan. Such agreements wiU not increasa tho amount <br />Borrower will awe for Mortgage Insuranc�, and they will not entitle Borrawer to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - wrth respect to the <br />Mortgage Insurance under the Homeawn�rs Protection Act of 1998 or any other law. T'hese rights <br />may include tho right to receive certain disclasures, to request and obtain canaellation of the <br />Mortgage Insurance, to have the Mortgage Insnrance terminated automaticalty, and/ar to receive a <br />refund of any Mortgage Tnsurance premiums that were uz►earnad at tho time nf such cancellation or <br />termination. <br />11. Assignmant af Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Praperty is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is nat lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellanenus Proceeds <br />until Lender has had an opportunity to inspect such Praperty to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall 6e undertaken prarnptly. Lender may pay f'or the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />campleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid an such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest nr earnings on such <br />Miscellaneous Proceeds. If the restoration nr repalr is not economically feasible or Lender's security wauld <br />6e 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 he <br />applied in the arder 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 6e applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrawer. <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 arnount 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 ln 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 tatal amount nf the snms secured irnmediately before the <br />partial taking, destraction, 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 �orrower. <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 secared immediately before the partial takin�, destruction, or loss in value, unless <br />�nrrawer and Lender otherwise agree in writing, the Miscellaneous Prnceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then dae. <br />If the Prpperty is abandoned hy Borrower, or if, after notice by Lender to Borrower that the <br />Oppnsing Party (as defined in the next sentence) affers to make an award to setde a claim fnr damages, <br />Borrower fails to respond ta Lender within 30 days after the date the notice is glven, Lender is authqrized <br />to callect and apply the Miscellaneous Froceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether ar not then due. "Opposing Party" means the third party <br />thai owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a ri�ht of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall he in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in farfeiture of the Property ar other material impeirment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />acceleration has occurred, reinstate as provided in Section 19, by causing the actlon or proceeding to be <br />001122305971 CitiMartgage 3.2.43.08 V4 <br />N�BRASKA - Singie Family - Fannie MaelFreddie Mac UNIFORM INSTRUME7JT WITN�.S <br />�-6A(NE� (oelo) Page 8 of 15 �nicie�s: FOf�TI 3028 1/01 <br />Y/�'r <br />