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201�0301� <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 (d'vrectly or indirectly) amounts that <br />derive from (or might be characterized 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 tatces a share of the insu.rer'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 agrcements will not affect the amounts that Borrower has agre� to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agr�ments will not increase the amoant <br />Borrower wiII owe for Mortgage Insurance, and the� 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 automafically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellan�us Proceeds; ForFeiture. A11 Miscellaneous Pracee�s are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Misc�llan�us Pr�s shall be applied to restorarion or repair vf <br />the Property, if the restoration or repair is economically feasible and Lender's s�urity is not lessened. <br />During such repair and restorarion period, Lender shall have the right to hold such Miscellaneaus Proce�ds <br />until Lender has had an opportunity to insp�t such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspectiott shall be undertaken promptly. Lender may pay for the <br />repairs and restoraxion in a single disbursement or in a serie.s 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 restorarion or repair is not economically feasible or Lender's securiry 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 5�tion 2. <br />In the event of a total taking, destruction, or loss in value of the Properly, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this S�urity Instrument, whether or not then due, with <br />the excess, if any, paid to Bonower. <br />In the event of a partial taking, destruction, or loss in value oP the Properly in which the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is �ual to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, desiruction, or loss in value, unless Bonower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be redua� by the amount of the Miscellaneous Proceeds <br />multiplied by tha following fraction: (a) the total amount of the sums secure�l immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />imme�diately before the partial taking, destruction, or loss in value. Aiy balance shall be �aid to Bonower. <br />In the event of a partial taldng, d�ction, or loss in value of the Property in wluch the fair market <br />value of the Properly irnm�iately before the partial taking, destruction, or loss in vatue is less than the <br />amount of the sums s�ured immediately before the partial taking, dest�udion, or loss in value, �l�ss <br />Borrower and Lender otherwise agre� 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 abandonefl by Bonower, or if, after norice by Lender to Bonower that the <br />Opposing Parly (as defined in the next sentence) offers to make an award to settle a claim for damages, <br />Bonower fails to respond to I.ender within 30 days after the date the norice is given, Lender is authoriz�d <br />to collect and apply the Miscellan�us Proceeds 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 Borrower Miscellaneous Proceeds or the party against whom Bonower has a right of action in <br />regard 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 maxerial impairment of Lender's <br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if <br />111EBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) loaa tJ Page 9 of 15 inniais: Form 3028 il01 <br />� <br />�� <br />�� ���� <br />