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20i108355 <br />As a result of the.se agreements, Lender, any purchaser of the Note, another 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 be characterized as) a portion of Boirower's paym�ts for Mortgage Insiu�ance, in <br />�schange for sharing or modifying the mortgage insurer' s risk, ar redwcing losses. If such agreement <br />provides that an affiliate of Leuder takes a share of the insurer' s risk in �change far a share of the <br />premiums paid to the insurer, the arrangement is often termed "captive re�inssurance." Further: <br />(a) Any snch agreements w3ll aot affect the amonnts that Borrower has agreed to pay for <br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amaunt <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 nghts Borrower has - if any - with resgect te the <br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. The� rights <br />may �acZude the right ta receive certain disclosures, to request and obtain cancellstioa of the <br />i Mortgage Insurance, to have the Mortgage Insuraace tem�inated antomatically, and/or to receive a <br />refund of �ny Mortgage Iasurance premiums that were nnearned at the tame of such canceliation or <br />i termination. <br />Il. Assignment of Miscellaneons Proceeds; Forfeiture. All Miscellaneaus Proc�cls are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeiis shall be applied to restoration or repair of <br />the Property, if the restoration or repair is economically feasible mnd Lender' s sectuity is not lesse,ned. <br />During such repair and restoration period, LenBer shall have the right to hold such Misceltan�us Proceeds <br />until Lender has had an opporlunity to inspect such Property to ensure the work has been completed to <br />I,ender' s satisfa��ckkion, provideci that such inspection shall be undertaken promptly. Lender maY P�Y for the <br />repairs and restoration in a single disbutsement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneaus Proceeds, Lender shall not be requires� to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds, If the restaration or repair is not economically feasible ar Lender's security would <br />be lesse�ed, the Miscellaneous Proceeds shall be appliefl to the sams secured by this Security Instrummt, <br />whether or not then due, with the eascess, if any, paid to Borrower. Such Miscellaneous Proceecis shalt be <br />applied in the order provided far in Section 2. <br />In the event of a total taking, cleshuction, or loss in value of the Property, the Miscell�eous <br />Proceeds shall be applieri to the sums secured by th2s Security Inslrument, 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 Properiy in which the fair maa'ket <br />vaiue of the Property immediately befare the paztial taldng, deshuction, ar loss in value is equal to or <br />greater than the amount of the sums secured by this Security Instrument irnmediately befare the partial <br />taking, destruction, or loss in value, unless Borrower and I.ender otherwise agree in writing, the sutns <br />secured by this Security Instrument sball be re�iuced by the aYnount of the Miscellaneous Proceeds <br />multiplied by the foltowing fraction: (a) the total amount of the sums securad immediately before the <br />partiai taking, destruckion, or loss in value divide� by (b) the fair market value of the Property <br />immediately before the pariial taking, destruction, or loss in value. Anny balance shall be �aid to Boaower. <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 Properry immediately before the partial taking, desbruction, or loss in value is less than the <br />a�unt of the sums secured immediately befoxe the partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, the Miscellaneous Procee�is shatl be applied to the sums <br />secured by this Sacurity Ir�strument whether or not the sums are th� due. <br />If the Property is abandone� by Borrower, or if, after notice by Lender to Bonowex that the <br />Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, <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 Procceds 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 Miscellaneaus Procceds or the party against whom Borrawer has a right of action in: <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or procee�ing, whether civil or criminal, is begun that, in <br />Lender`s judgment, could xesult in frnrfeiture of the Property or other material impairment of Lender's <br />interest in the Properiy or rigb.ts under this Se�urity Instrument. Borrowez c�u cure such a default and, if <br />acceleration has occuxred, reinstate as provide�i in Section 19, by causing the action or proceeding to be <br />2200162791 D V6,ANE <br />NFBRA3KA - Single Family - Fannie Ma�Freddle Mac UNIFORM INSTRtJMENT WITFL <br />(�'j-BA(NE� roa�ol Pagsa ot �s i�ua�s:` Form 3028 1/07 <br />� <br />