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201102624 <br />As a result of these agreements, Lcnder, any purchaser of thc Notc, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of ihe foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a poriion of Iiorrowcr's (�ayinents for Mortgage Insurance, in <br />exchange liir sh�ring or mudifying lhe murlgagc insurer's risk, or reducin� lusses. [f such agreemenl <br />provides that an aftiliate oi' Lender takes a share oi� the insurer's risk in exchange for a share of the <br />�rciniums paid to thc insurcr, lhc arrangcmcnt is oftcn tcnncd "captivc rcinsurancc." Furthcr: <br />(a) An,y such agrccmcnts will not affcct thc amounts that Borrowcr has agrccd to pay for <br />Mortgage Insurance, or any other terms of t6e Loan. Such agreements will not increase the amount <br />Borrower will uwe for Mortgagc Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect thc rights Borrower has - if anV - with respect to the <br />Mortgage Insurance under the IIomeowners Protection Act of 1998 or an�� 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 Mortgage Insurance premiums that were unearned at the time of such cancella6on or <br />termination. <br />ll. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hercby <br />assigned to and shall be paid to Lender. <br />If the Property is dainaged, such Miscellaneons Procec;ds shall be applied lo restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is nol lessened. <br />During such repair and restoration period, Lendcr shall have the right to hold such Miscellancous Proceeds <br />until Lcndcr has had an opportunity to inspcct such Properiy to cnsurc thc work has bccn complctcd to <br />Lender's satisfaction, provided lhat such inspection shall be undertaken Promptly. Lendcr may pay for the <br />repairs and restoration in a single disburseuient or in a series of progress payments as the work is <br />compleled. ilnless un ugreemenl iti mude in wriling or Applicuble Law rec�uireti interesl to be puid on such <br />Misccllaneous 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 economically feasible or Lender's security would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this 5ecurity Instruinent, <br />whelher ur not lhen due, with lhe excess, if any, paid to Burrower. Such Miscellaneous Proceed� shall be <br />applied in the order provided tbr in Section 2. <br />In the evc;nt of a total taking, Jestruction, or loss in value oP the Property, the Miscellaneous <br />Proceeds shall be applied to the sums sec��red by this Security Inetrument, whether or not then due, with <br />thc cxccss, if any, paid to Borrov��cr. <br />In the event of a parlial tuking, destruclion, or lutis in value of lhe Property in which lhe fair markel <br />value of the Properly iminecliately before the partial taking, destniction, or loss in value is eyual tQ or <br />greater than the amount of the sums secured by this Sccurity Instruinent iminediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Inslrumen! shall be reduced by lhe amounl of the Miscellaneuus Proceeds <br />multiplie�l by the following fraction: (a) the total amount of the suins secnred iinmediately before the <br />partial taking, dcstruclion, or loss in valuc dividcd by (b) thc fair markct valuc of thc 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, destniction, 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 />amount of the sums secured immediately bel'ore: the partial taking, destruction, or loss in value, unless <br />I3orrower und Lender olherwise ugree in writing, lhe Miscellaneuus Proc�eds tihall be applicd to lhe sums <br />seciued by this Security Instnunent whether or not lhe suins are then due_ <br />If thc Property is abandoncd by Borrowcr, or ii', aftcr noticc by Lcndcr to Borrowcr that thc <br />Opposing Pariy (as defined in the next sentencel 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 giveii, Lender is authorized <br />tu collect and upply the Miscellaneuus Proceeds eilher to restoralion or repair uf ihe Pruperty ur lu lhe <br />sums secured by this Security Instrument, wheth�r or not then due. "Opposing Party" means the third party <br />thal owes I3orrower Miscellancous Procceds or thc party against whoin Bonower has a right of action in <br />regard to Miscellancous Procceds. <br />Borrower shall be in default if any action or proceeding, whether civil or criininal, is begun that, in <br />Lender's judginent, could result in lorfeiture of the Properiy or othcr material impainnent of Lender's <br />inleretil in the Properly or rights under lhis Security Inslrument. [3urrower can cure such a delaull und, if <br />,{� Y� <br />NEBRASKA- Single Family - FannieMae/Freddie Mac UNIFORM INSTRUMENT/y�� �! <br />�-6(NE)(oaii� Page9of15 i��n�i5 / Form3028 1/01 <br />0 <br />