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20�10�509 (a) Any such a�r�ments will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such a�rcements will not increase the amount Borrower will owe for Mort�age Insurance, and they will not entitle Borrower to any refund. (b) Any such a�reements will not affect the ri�hts Borrower has - if any - with respe�t to the Mortgage Insurance under the Homeowners Prot�tion Act of 1998 or any other law. These ri�hts may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such c�ncellation or termination. 11. Assignment of Miscellan�us Proceeds; Forfefture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoraflon or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoraflon period, Lender shall have the right to hold such Miscellaneous Proceeds nntil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a siugle disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in wrlting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's securlty would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destrucflon, or loss in value of the Property, the Miscellaneons Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a parlial taking, destrucflon, or loss in value of the Property in wtuch the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sutns secured by this Security Instrument immediately before the partial taking, destructton, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fracflon: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destrucflon, or loss in value. Any balance shall be paid to Bonower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destrucflon, or loss in value, unless Borrower attd Lender otherwise agree in wridng, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after noflce by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fa91s to respond to Lender within 30 days after the date the noflce is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoraflon or repair of the Property or to the sums secttred by this 001122625125 Ci[ibank 3.2.49.09 V2 �� KA-SMgle Family-Fannle Mae/Freddfe Mec UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 VN�6A(N� ('1105).� Wolters Kluxrer Flnandal Servlces Pege 10 of 17