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20110412 <br />As a result of these agr�ments, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may re.ceive (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 sharing or modifying the mortgage insurer's risk, or reducing losses. If 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 such agreements will not aff�t 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 they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the nghts 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 automatically, 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 Miscellaneous Proceeds; Forfeiture. All Miscellan�us Proce�is aze hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceefls shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessene�. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Procceds <br />until Lender has had an opportuniry to inspect such Property to ensure the work has been completed to <br />Lender's satisfacrion, provided that such inspecrion 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 agr�ment is made in writing or Applicable Law requires interest to be paid on such <br />Miscellan�us Proceeds, Lender shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Proceeiis. If the restoration or repair is not ei:onomically feasible or Lender's se�urity would <br />be lessened, the Miscellaneous 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 Proceeds sba11 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 Properry, 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 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, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this S�urity 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 Security Insmiment shall be reduced by the amount of the Miscellaneous Proce�s <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 fair market value of the Property <br />immediately before the partial taking, destrucrion, or loss in value. Azy balance shall be �aid to Borro�ver. <br />In the event of a partial taking, dest�uction, or loss in value of the Property in wtuch the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value is ie.ss ti�au the <br />amount of the sums securefl immediately before the partial taking, destruction, or loss in value, unl�s <br />Bonower and Lender otherwise agree in writing, the Miscellan�us Proceeds shall be appliefl to the sums <br />s�ured by tlus Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Bonower, 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 Proceeds either to restorarion or repair of the Property or to the <br />sums secured by this S�urity Instrument, whether or not then due. "Opposing Party" means the third pazty <br />that owes Bonower Miscellaneous Proceeds or the party against whom Borrower has a right of acrion in <br />regatd to Miscellaneous 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 Properiy 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) tos�>> Page 9 of 15 tr,n�ais: Form 3028 1/01 <br />0 <br />VW� <br />