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� <br />2o�io���� <br />As a result of these agreements, Lender, any purchaser of the Note, attother 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 he 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 Lendez 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 zeinsurance." 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 amonnt <br />Borrower will 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 Prot�tion 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. Assigament of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Procesds are hereby <br />assigned to and shall be paid to Lender. <br />If the Properly is damaged, such Miscellaneous Proc�ds shall be applied to restoratian or repair of <br />the Properry, 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 right to hold such Miscellaneous Proceefls <br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfacrion, 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 agre;e�nent is made in writing or A�pplicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Bonower any interest or earnings on such <br />Miscellaneous Ptocceds. If the restoration or repair is not economically feasible or I.ender's security 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 Bonower. 5uch Miscellaneous Proce�ds 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 Properry, the Miscellan�us <br />Proceeds shall be applie�i to the sums s�ural by this 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 Properly immediately before the partial taking, destrucrion, or loss in value is equal to or <br />gzeater than the amount of the sums secured by this Security Instrument imtne�iiately before the partial <br />taking, destruction, or loss in value, unless Bonower and L�nder otherwise agree in writing, the sums <br />s�ured by this S�urity Instrument sha11 be reduced by the amount of the Miscellan�us Proceeds <br />mulriplied by the following fraction: (a) the total amount of the sunns se,cured immediately before the <br />partial taking, destrucrion, or loss in value divided by (b) the fair market value of the Properiy <br />immediately before the partial taking, destruction, or loss in value. Anny balanc� shall be �aid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Properry in wluch the fair market <br />value of the Property immediately before the partial taldng, d�tntction, or loss in value is l�s than ihe <br />amount of the sums s�ur�i immediately before the partial taking, destcuction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellan�us Praceeds shall be applieri to the sums <br />secured by this S�urity Instrument whether or not the sums aze then due. <br />If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for dama.ges, <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 Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Bonower Miscellanwus Proceeds or the parly against whom Borrower has a right of action in <br />regard to Miscellaneaus Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or eriminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material im�pairment of Lender's <br />interest in the Property or rights under this Security Instrument. Bonower can cure such a default and, if <br />IVEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT r <br />�-6(NE) (os� a1 Page 9 af 15 i���s: �` Form 3028 1/07 <br />� <br />