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2 01�03924 <br />As a result of these agreements, Lenrler, any purchaser of the Note, another insurer, a.ny reinsurer, <br />any other entity, or any aff'�liate of any of the foregoing, may receive (direcfly or indirectly) amounts that <br />denve from (or might be characterized as) a gortion of Borrower's payments for Martgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or redncing losses. ff such agreement <br />provides that an aff'�liate 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 snch agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage In.surance, 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 f.o any refund. <br />(6) Any such agr�ments will not affect fhe rights Borrower has - if any - with respect to the <br />Mortgage Insurance under the Homeowasrs Protectioa Act of 1998 or any other law. These rights <br />may include the right to re�ei�e certain discloaur�, to iequest and obtain cancellation of the <br />Mortgage Insnrance, to have the Mortgage Insurance terminated sotomatically, atxd/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 Miscellaneous Proeeeds; ForFeiture. All Miscellaneous Proceeds are hereby <br />assigned to a.nd shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restora.tion or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have the zight to hold such Miscellaneous Proceeds <br />until Lender has ha.d an opgortunity to inspect such Properiy to ensure the work ha.s been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay far the <br />repairs and restoration in a single disbursement or in a series of pmgress payments as the work is <br />completed. Unless a,n agreement is made in writing or Agplica.ble Law requires interest to be paid on such <br />Miscellaneous Proceeds, I.,ender 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 Iessened, 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 />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with <br />the excess, if any, paid to Bonower. <br />In the event af a partial taking, desttuction, or loss in value of the Property in which the fair market <br />value of the Progeriy immediately before the partial takiug, destruction, or loss in value is equal to or <br />grea.ter than the amount of the sums secured by this Security Instrument immediately befoze the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduceci by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before fhe <br />partial taking, deshuction, or loss in value divided by (b) the fair market value of the Progerty <br />immediately before the partial taking, destruction, or loss in value. Any balance shall bEpaid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of tfie Property in which the fair market <br />value of the Properly immediately before the partial taking, destruction, or loss in value is less than fhe <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless <br />Borrower aud Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Securi,ty Insbrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next senteuce) offers to make an awazd to settle a claim for damages, <br />Borrower 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 Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instiument, whether or not then due. "Opposing Party" means the third parly <br />that owes Borrower Miscellaneous Proceeds or the pa.rly against whom Borrower has a right of action in <br />regard to Miscell.aneous Proceeds. <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 material impairment of Lender's <br />interest in the Property or rights under this Securiry Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Singfe Family - Fanrtie MaeiFreddie Mac UNIFORM INSTRUMENT <br />�-6(NEi toa� 9� r�ae s or �s iRwa�: �_ Form 3028 1l01 <br />� <br />