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2011Q1�9� <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 (or might be chazacterized 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 agreement <br />provides that an affiliate of Lender 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 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 they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to 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 Insurance terminated automatically, and/or to receive a <br />refund of any Martgage I�surance premiums that were unearned at the tane of such cancellation oc <br />termination. <br />11. Assignm�t of Miscellaneous Procceds; Forfeiture. All Misce�ianeous Proceeds are hereby <br />assigned to and shall be paid to Ixnder. <br />If the Property is damaged, such Miscellaneaus Prc�ceeds shall be applaed tu r�storation or repair of <br />the Property, if the restoration or repair is economically feasible and Ixader's se�urity is not lessened. <br />During such repair and restoration period, Lender shall have the right to ho�id suc� Miscellaneous Procceds <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 inspection shall be undertaken promptly. Lender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agxeement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender sha11 not be required to pay Bonower any interest or eamings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasib�e or Lender's security would <br />be 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 Bonower. Such Miscellaneous Proceeds shall 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 Miscellan�us <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 before the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, destruction, or loss in value, unless Bonower and Lender otherwise agree in 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 total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair �arket value of the Property <br />immediately before the partial taking, destruction, or loss in value. Any balance staall be �aid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the PmQeaty i9n which the fair market <br />value of the Property immediately before the partial taking, destruction, or �S in value is less than 1i� <br />amount of the sums secured immediately before the partial taking, destruatien, or loss in value, uniess <br />Borrower and Lender otl�wise agree in writing, the Miscellaneous Proc.eeds shall be applied to the sua3s <br />secured by this Security Instnunent whether or not the sums are then due. <br />If the Pro�erty is abandoned by Bonower, or if, after notice by L,�nder to Borrower 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 Lender within 30 days after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proc,eeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Bonower Miscellaneous Procceds or the party against whom Borrower has a right of action in <br />regazd to Miscellaneous Procceds. <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 Lender's <br />interest in the Property 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 />�-6(NE) �os� i� Page 9 of 15 �nitials: Form 3028 1/01 <br />m <br />,# f <br />� , f� . <br />�s� �� <br />