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201108399 <br />continue to pay to Lender the amount of the separately designated payments that were due when the <br />insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a <br />non-refundable loss reserve in lieu of Mortgage Insurance. Such Ioss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender sha11 not be required to pay <br />Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments <br />if Mortgage Insurance coverage (in the amount and for ihe period that Lender requires) provided by an <br />insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated <br />payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a <br />condition of making the Loan and Borrower was required to make separately designated payments toward the <br />premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage <br />Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such <br />ternunation or until termination is required by Applicable Law. Nothing in this Section 10 affects <br />Barrower's obligation to pay interest at the rate provided in the Note. <br />Mo�tgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur <br />if Bonower does not repay the I.oan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on a11 such insurance in force from time to time, and may enter <br />into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on <br />terms and conditions that are satisfactory to the rnortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiwns). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, ar any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from <br />(or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for <br />sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an <br />aff'iliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br />insurer, the arrangement is often termed "captive reinsurance. " Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />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 entitte Borrower to any refund. <br />ib) Any such 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 cancettation of the <br />Moctgage Insurauce, to have the Mortgage Insarance terminated automatically, and/or to receive <br />� r�und of any Mvrtgage Insurance premiums that were unearned at the time of such <br />canceilation or tennination. <br />'1'1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds sha11 be applied to restoration or repair of the <br />Properiy, if the restoration ar repair is economically feasible and Lender's security is not lessened. During <br />such repair and restoratian period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has ha@ an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />NEBRASKA-Sin81e Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3028 1/Ot <br />VMP B . . VMP�a9e191 f05� <br />Wolters Kluwer Financial Services <br />. � � �� <br />