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201101020 <br />required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a <br />cost substantially equivalent to the cost to Borrower of the Morfgage Insurance previously in effect, from <br />an altemate mortgage insurer selected by Lender. If substantialiy equivalent Mortgage insurance <br />coverage is not availabfe, Borrower sha11 cantinue to pay to L.ender the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Lender witl <br />accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. <br />5uch loss reserve shall be non-refundable, notwithstanding tf►e fact that the Loan is uitimateiy paid in full, <br />and Lender shaN not be required to pay Borrower any interest or eamings on such loss reserve. Lender <br />can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the <br />period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. ff Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separa#ely designated payments toward the premiums for Mortgage lnsurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a <br />non-refundable loss reserve, unti! Lender's req�irement for Mortgage Usurance ends in accordance with <br />any written agreement between Barrower and Lender providing for such termination or until termination is <br />required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the <br />rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any enti4y that purchases the Note) for certain losses <br />it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage <br />Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and <br />may enter into agreements with other parties that share or modify their risk, or reduce losses. These <br />agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party <br />(or parties) to these agreements. These agreements may require the mortgage insurer to make <br />payments using any source of funds that the mortgage insurer may have availabie (which may indude <br />funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of tt�e Note, another insurer, any <br />reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directiy or indirectly) <br />amounts that derive from (or might be characterized as) a portion of Sorrower's payments for Mortgage <br />Insura�ce, in exchange for Sharing or modifying the mortgage insurer's risk, or reducing losses. If such <br />agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share <br />of the premiums paid to the insurer, the arrangement is often termed "capfive 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 <br />amount Borrower will owe for AAortgage Insurance, and they wifl not entitte Borrower to any <br />refund. <br />(b) Any such agresments wiH not affect the rights Borrower has — if any — with respect to <br />the Mortgage Insurance under the Homeowners Protection A�ct of 1998 or any other law. These <br />rights may include the right to receive certain disclosures, to request and obtain cancellation of <br />the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to <br />receive a �efund of any Mortgage Insurance premiums that were unearned at the time of sucfi <br />cancetlation or terminatian. <br />11. Assignmerrt of Miscellaneous Proceeds; Forfeiture. Afl Miscellaneaus Proceeds are <br />hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair <br />of the Property, if #he restoration or repair is economically feasibte and Lender's securiiy is not tessened. <br />During such repair and restoration period, Lender shaN have the right to hold such Miscellaneous <br />Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />� �I� (� �tl � Allt �t <br />I <br />� <br />* 3 O O O 1 4 4 2 8 5� � M C M D O T+� <br />NEBRASKA--Single Family-Fanoie MaslFreddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (pa� 8 of 14 pages) <br />Mortgage Cadence, LLC � 3027 02/Q6 <br />