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201102962 <br />As a result of these agreements, Lender, aay purcbaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or ind'uectly) amounts that <br />derive &om (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exct�aage 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 shaze of the <br />premiums paid to the insurer, the arrangement is often termed "captive reinsivance." Further: <br />(a) Any such agreements witl 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 refand. <br />(b) Any sach agreements will not affect the rfghts Borrower has - if any - wrth respect to the <br />Mortgage Insurance under the Homeowners Protectian Act of 1998 or any other law. These rights <br />may include tLe right to recdve certain disclosures, to request and obtain canceRatlon of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a <br />refund of any Mortgage Insurauce premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneons Proceeds; Forfeiture. All Miscellaneous Proceeds aze hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or r�sir of <br />the Property, if the restoration or repair is economically feasible and Lender's sec�sity is not lessened. <br />Diu such repair and restoration period, Lender shall liave the right to hold such Miscellaneous Proceeds <br />tmtil 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 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 economically feasible or Lender's securily 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 Borrower. 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 Miscellaneous <br />Prxeeds shall be applied to the sums secured by tivs Security Instrument, whether or not theu due, with <br />the excess, if any, paid to Boaower. <br />In the event of a parhal taldng, destruction, or loss in value of the Property in wluch the fair market <br />vatue of the Property imtnediately before the paztial taking, destruction, or loss in value is equal to or <br />geater than the amount of the sums secuted by this Security Iastrument immediately before the partial <br />ta�ng, destruction, or loss in value, unless Borrower 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 &action: (a) the total amount of the sums secured immediately before the <br />partial taldng, destruction, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial talang, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taldng, destruction, or loss in value of the Property in whtch the fair tnarket <br />value of the Property immediately before the paztial taldng, destruotion, or loss in value is less than the <br />amount of the smns secured immediately before the partial taking, destruction, rn' loss in value, unless <br />Bonowa and Lender otherwise agree in writing, the Miscellan�us Proceeds shall be applied to the sums <br />secured by this Security Insirument whether or not the sums aze then due. <br />If the Property is abandoned by Borrower, or i� after notice by Lender to Borrower that the <br />Opposing Party (as defined in the neact sentence) offers to make an award to settle a claim for demages, <br />Borrower fails to respond to Lender within 30 days after the date the norice is given, Lender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Properiy or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Pazty" means the third pazry <br />that owes Borrower Miscell�eous Procceds or the party against whom Borrower has a right of acrion in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any acrion or pioceeding, whether civil or criminal, is begun that, in <br />Lender's judgrnent, could result in forfeiture of the Properiy or other material impairment of Lender's <br />interest in the Property or rights under this Security Tn +ment. Borrower can cure such a defsult snd, if <br />acceleration has occurred, reinstate as provided in Secrion 19, by causing the action or proceeding to be <br />10-12301 <br />NEBRASKA - S(ngle Family • Fannie MaelFreddis Mac UNIFORM INSTRUMENT WITH / M � ER / S � <br />�-6A(N�loeia� PaqaBO�16 Initlala: / 1/ i Form 3028 7/07 <br />/� � n <br />Y <br />