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�oiioo4s5 <br />As a result of these agreements, Lender, any purchaser af the Note, another insurer, any reinsurer, <br />any other entity, or any af�liate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a partion af Borrower's payrr►ents for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of I,ender takes a share af the insurer's risk in exchange for a share of the <br />premiwns paid to the insurer, the arrangernent is often termed "captive reinsurance. " Further: <br />(a) Any sach agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other tern►as of the Laan. Such agreernents will not increase the arnount <br />Borrower will owe for Mortgage Insurance, and the� will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the nghts Borrower has - if any - with respect to the <br />Mortgage Insurance under the Horneowners Protection Act of 1998 or any other law. These rights <br />may include the right ta receive certain disclosures, 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 Martgage Insurance premiams that were unearned at the time of sach cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Farfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid ta 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 econornically feasible and L.ender's security is not lessened. <br />During such repair and restoration period, L.ender shall have the right to hold such Miscellaneous Praceetls <br />until Lender has had an opportunity to inspect such Property to ensure the work has becn complete�i ta <br />L.cnder's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursernent or in a series of progress payrnents as the work is <br />cornpleted. 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 ta pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If 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. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, d�struction, or loss in value of the Pxoperty, the Miscellaneaus <br />Proceeds shall be applied to the surns secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Bnrrower. <br />In the event of a partial taking, destruction, or loss in valua of the Property in which the fair market <br />value of the Property immediately before the partial taking, destruction, or lnss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrurnent immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender atherwise agree in writing, t.l�e sums <br />secured by this Security Tnstrument shall be reduced by the arnount of the Miscellaneous Proceetls <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair rnarket value of the Property <br />immediately before the partial taking, destruction, or loss in value. ,Any balance shall be 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 before the partial taking, destruction, or loss in value is less than the <br />annount of the sums secured imrnediately before the partial taking, destruction, or loss in value, wnless <br />Borrower and L,ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the swns <br />secured by this Security Instrument whether or not the surns are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Bo:r�ower 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 L.ender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restaration or repair of the Property or ta the <br />sums secured by this Security Instnunent, whether or not 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 m,aterial impairment of Lender's <br />interest in the Property or rights under this Security Instnunent. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie MaelFraddie Mac UNIFORM INSTRUMENT <br />�-6�NE) 1oa� �1 Page 9 of 15 initisis: Form 3028 1l07 <br />� <br />