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201iO322� <br />As a result of these agreements, L.ender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may r�eive {dir�tly 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 agr�ment <br />provides that an affiliate of Lender takes a shaze of the insurer's risk in exchange for a share of the <br />premiurns paid to the insurer, the arrangement is often terme� "caprive reinsurance." Further: <br />(a) Any such agreements will not affect the amownts 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 nghts Borrower has - if any - with res}�et 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 certai�n disclosures, to request and obtain cancelIation of the <br />Mortgage Insuran�e, to have the Mor�e Insurance terminated automatically, and/or to receive a <br />refund of any Mc�rtgage Iusurance pre�niums that were unearned at the time of such cancellation or <br />termination. <br />11. Assigament of Miscellaneous Procceds; ForFeiture. All Miscellanwus Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Progerty is damaged, such Miscetlaneous Proceeds shall be a,�l��d to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lend�r's s�urity is not 1�. <br />During such repair and restorarion period, Lender shall have the right to hold such Miscellan�us P�s <br />until Lender has had an opportunity to inspect such Property to ensure the wozk has been com�leted to <br />Lender's sa.tisfaction, provided that such inspection shall be vndertaken 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 agr�ment is made in writing or Applicable I,aw requires interest to be paid on such <br />Miscellaneous Procceds, 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 s�urity would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums s�ured by this S�uriry Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />appiied in the order provide� for in S�tion 2. <br />In the evern of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Procee�is sha11 be applied to the sums secured by tius Security Instrument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in which the fair market <br />value of the Properiy immediately before the partial taking, destrucrion, or loss in value is equal to or <br />greater than the amount of the sums securerl by this Security Instrument imm�iately before the partial <br />taking, destrucrion, or loss in value, unless �onower and Lender otherwise agree in writing, the sums <br />s�ured by ttris 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 swms secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property <br />imcaediately before the partial taking, destrucrion, or loss in value. Any balance shall be �aid to Borno�ver. <br />In the event of a partial taking, destrucrion, or loss in value of the Property in wluch the fair mar�et <br />value of the Properry immediately before the partial taking, destraction, or loss in value is l�s t� 1�e <br />amount of the sums secured immediateiy befoxe the �artial taking, destruction, or ioss in value, usl�ss <br />Borrower and Lender otherwise agre� in w�g, the Miscellaneous Proceefls shall be applie3 to the sums <br />secured by this Security Instrument whether �r not the suYns are then due. <br />If the Property is abandoned by Bosacgvver, or if, after norice by Lender to Bonower that ti�e <br />Op�sing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, <br />Borrower fails to respond to I.ender within 30 days after the date the notice is given, Lender is authorize� <br />to collect and apply the Miscellaneous Praceeds either to restoration or repair of the Property or to the <br />sums securefl by this Se�urity Insttument, whether or not then due. "Opposing Party" means the third pariy <br />that owes Borrower Miscellaneaus Proceeds or the party against whom Borro�ver has a right of action in <br />regard to Miscellaneous Procceds. <br />Borrower shall be in default if any action or proc.eeding, 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 S�urity Instrument, Borrower can cure such a default and, if <br />111EBRASKA - Single Family - Fannie Mae/Freddie Mac UIYtFORM INSTRUMENT <br />�-6(NE► co8tt) aa�es ot 75 Int�als: Form 3028 1/01 <br />� <br />