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201106�0� <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, ar any aff'�liate of any of the foregoing, may receive (directly or indirecfly) amounts that <br />derive from (or might be characterizcd as) a portion of Borrower's payments for Mortgage Insurance, in <br />excha.nge for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an aff'iliate of Lender takes a shaze of the insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement is often termed "capdve reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Snch agr�ments wiIl not increase the amount <br />Bonrower wilI owe for Mortgage Insurance, and they witl not entitle Borrower to �ny refnud. <br />(b) Any snch agreements 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 receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Tnsurance, to have the Mortgage Insurance terminated automatically, and/or to recei�ve a <br />refund of any Mortgage Insuranee premiums thaY were unearned at the fame of snch cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeitnre. All Miscellaneous Proceeds are hereby <br />assi$ned to and shall be paid to Lender. <br />If the Praperty is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Properly, 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 Proceeds <br />until Lender ha.s had an opporlunity to inspect such Properiy to ensure the work has been completed to <br />Lender's satisfaction, provided tha.t such inspection sha11 be undertaken promptly. Lender ma,y 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 agreement is ma.de 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 />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender'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 azry, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In fhe 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 Insirument, whether or not then due, with <br />the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or Ioss in value of the Property in which the fair market <br />value of the Property immediately hefore the partial taking, destruction, or loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the partial <br />taking, deshuction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneaus Proceeds <br />multiplied by the following fra.ction: (a) the total amount of the sums secured immediately before the <br />partial taking, deshvction, 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. Any balance shall Ue paid to Borrower. <br />In the event of a partial taking, desiruction, or loss in value of the Property in wluch the fair market <br />value of the Properly immediately before the partial taking, destruction, or loss in value is less than the <br />amount of Lhe sums secured immediately Uefore the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are fhen due. <br />If the Froperty is abandoned by Borrower, or if, after notice by Lender to Bonower that the <br />Opposing Party (as defined in the ne�ct sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender within 30 da.ys after the date the notice is given, Lender is authorized <br />to collect and apply the Miscellaneous Pzoceeds either to restoration or repair of the Properly or to the <br />sums secured by this Security Instrument, whether or not then due. "Opgosing Party" means the third party <br />that owes Bonower Miscellaneous Proceeds or the pariy against whom Borrower has a right of action in <br />regard ta Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whefher 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 Mee/Freddie Mac UNIFORM INSTRUMENT <br />� �oe�i� Page9ot16 ir,reei8:�� Form 3028 1/01 <br />