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201�0305� <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 characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for shazing or modifying the mortgage insurer's risk, or reducing losses. If such agrcement <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 agrced 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 the� will not entitle Borrower to any refund. <br />(6) Any such agreements will not affect the rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeawners 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 automaHcally, 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 Proce�s; Forfeiture. All Miscellaneous �rocee�s aze hereby <br />assignefl to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Procceds shall be applied to r�storation or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's se�urity is not lessened. <br />During such repair and restorarion period, Lender shall have the right to hold such Miscellaneous Proceeds <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 insp�tion 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 Proceeiis, Lender shall not be required to pay Bonower any interest or eaznings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or I.ender's security would <br />be lessened, the Miscellan�us Proc�eeds 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 Proce�ds shall be <br />applied in the order provided for in S�tion 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums s�ured by this Security Tncm�ment, 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, destrucrion, or loss in value is equal to or <br />greater than the amount of the sums s�ured 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 S�urity 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 fa.ir market value of the Property <br />unme�iately before the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in wluch the fair market <br />value of the Property immediately before the partial taking, desriuction, or loss in value is l�ss than the <br />amount of the sums s�ured immediately before the partial taking, destruction, or loss in value, unl�ss <br />Bonower and Lender otherwise agree in writing, the Miscellaneous Proccefls shall be applied to the sums <br />secured by tius S�urity Instrument whether or not the sums are then due. <br />If the Property is abandone� by Borrower, or if, after notice by Lender to Bonower that the <br />Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, <br />Bonower 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 Proce�ds either to restoration or repair of the Properry or to the <br />sums secured by this S�urity Instnrment, whether ar not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneaus Procceds or the party against whom Bonower has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or procee�ing, whether civil or criminal, is begvn 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. Bonower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) toea � i Page 9 of 15 int�iais: Form 3028 1/01 <br />� <br />� �77 <br />� � <br />� <br />