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2011Q0492 <br />As a result of these agreements, 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 or indirectly) amounts that <br />derive from (ar might be characterized as) a partian of Barrower's payments for Mortgage Insurance, in <br />exchange far sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an af�liate of L.ender takes a share of the insurer's risk in exchange far a share of the <br />premiums 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 the� will not entitle Borrawer to any refund. <br />(b) Any sach agreements wi11 not affect the righ�,s Borrower has - if any - with respect ta the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insarance terminated automatically, and/ar to receive a <br />refund oF any Mortgage Insarance premiurns that were unearned at the time of such cancellation or <br />termination. <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 darnaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and L.ender's security is nat lessened. <br />During 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 />L.ender'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 />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender sha11 not be required to pay Borrower any interest or earnings an 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 sums secured by this Security Instrurnent, <br />whether ar not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds sha11 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 taking, destruction, or loss in value of the Property in which the fair market <br />value of the Property immediately befare the partial taking, destruction, or loss in value is equal to or <br />greater than the amaunt 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 in writing, the sunns <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fractian: (a) the total amount af the sums secured irnrnediately before the <br />partial taking, destruction, 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 ta Barrower. <br />Tn the event of a partial taking, destruction, or loss in value of the Property in whrch the Pair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the <br />amount af 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 sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that Che <br />Opposing Party (as defined in the next sentence) offers ta make an award to settle a clairr► for damages, <br />Barrower fails to respond to L.ender within 3b days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneaus Praceeds either to restoration or repair of the Property or to the <br />sums secuxed by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Froceeds or the party against whom Borrower has a right af 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 I,ender's <br />interest in the Property or rights under this Security Instrument. Borrower can cuxe such a default and, if <br />N@BRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-��N�) (0811) Page 9 of 15 Initials: <br />�rC UG-- <br />Fo� 3028 1/01 <br />7 <br />� <br />