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2011004�G <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, ar any affiliate of any of the foregoing, may receive (directly or indirectly) arnounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreerxient <br />provides that an affiliate of Lender takes a shaze of the insurer's risk in exchange for a share of the <br />prerniums paid to the insurer, the azrangernent is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreetl 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 the� will nat entitle Borrower to any refund. <br />(b) Any sach agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the �Iomeowners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclasures, to request and abtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Ynsurance 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 />terminatian. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous 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 ar repair of <br />the Property, if the restoration ar repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the righC 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 inspecti�n shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payrnents as the work is <br />completed. 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 to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not econornically feasible or Lender's security would <br />be lessened, the Miscellaneous Praceeds 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 be <br />applied in the order provided for in S�ction 2. <br />In the event of a total taking, destruction, or loss in value of the Praperty, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether ar not then due, with <br />the excess, if any, 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 equal to or <br />greater than the amount of the swns se�ured by this Security Instrurnent irnmediately before the partial <br />taking, destruction, or loss in value, unless Borrower and L,ender otherwise agree in writing, the swns <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, destruction, or loss in value divided by (b) the fair rnarket value of the Property <br />irnmediaCely before the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial tak�ing, destruction, or loss in value of the Property in which the fair market <br />value of the Property irnmediately before the partial taking, destruction, or loss in value is less than the <br />amount of the sums 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 swns <br />secured by this Secuz�ty Instrument whether or not the surns are then due. <br />If the Property is abandaned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a clairn for damages, <br />Borrower fails ta respond to Lender within 30 days after the date the notice is given, I.ender is authorized <br />to collect and apply the Miscellaneaus Proceeds either to restoration ar repair of the Property or ta the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" rneans the third party <br />that owes Borrower Miscellaneous Proceeds ar the party against whorn Bor.rower 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 />I.ender's judgment, could result in forfeiture of the Property or other material impairment af Lender's <br />interest in the Froperty 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 />�-61NE) 108� il Page 9 of 15 i�rtais: FOrm $028 1/01 <br />� <br />✓��'��� �� <br />