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�0110609� <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, ma.y rec:eive (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 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 they will not entitle Borrower to any refund. <br />(b) Any such agr�ments will not affect the rights 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 r�eive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to r�eive 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 Proceeds aze hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellan�us Proceeds shall be applied to restoration or re�air of <br />the Property, if the restoration or repair is economically feasible and Lender's s�urity is not lessened. <br />During such repair and restorarion period, Lender shall have the right to hold such Miscellan�us Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure the work has b�n completed to <br />Lender's satisfaction, provided that such inspec;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 />completefl. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneaus Proceeds. If the restoration or repair is not economically feasible or Lender's s�urity would <br />be lessened, the Miscellan�us Proceeds shall be applied to the sums secured by this Securiry Insmiment, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Procseds 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 />Proce�ds shall be applied to the sums secured 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, 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 Securiry Instrument immediately before the partial <br />taldng, destruction, or loss in value, unless Bonower and Lender othervvise agree in writing, the sums <br />secured by this S�urity Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multipliefl by the following fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destrucrion, or loss in value divided by (b) the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value. Anny balance shall be �aid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Property in wluch the fair market <br />value of the Properiy immediately before the partial taking, destruction, or loss in value is less than the <br />amoimt of the sums s�urefl immediat�ly before the partial taking, destrucrion, or loss in value, unless <br />Bormwer and Lender o13�erwise agree in writing, the Miscellaneous Proccefls shall be applied to the sums <br />s�ured by this Security Instrument whether or not the sums aze then due. <br />If the Property is abandoned by Borrower, or if, after norice by Lender to Bonower that the <br />Opgosing 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 authorizefl <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 Borrower Miscellaneous Procceds or the party against whom Bonower has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Bonower shall be in default if any action or procceding, 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 Progerty or rights under this Security Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-61NE) losi �1 Pa98 s at i 5 iniUats: Form 3028 1/01 <br />� <br />� , <br />