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20120054� continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in eff�t. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments towazd the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was requirefl to make separately designated payments towazd the premiums for Mortgage Insurance, �rrower shall pay the premiums required to maintain Mortgage Insurance in eff�t, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agr�ment betw�n Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligarion to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Bonower does not repay the Loan as agree�l. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may erner into agr�ments with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agr�ments. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage ins�uer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agr�ments, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (dir�tly or indir�tly) amounts that derive from (or might be chazacterized as) a portion of Bonower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an aff'�liate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Hom�wners Protection Act of 1998 or any other law. These rights 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 re�ve a refund of any Mortgage Insurance premiums that were unearned at tlie time of such cancellation or termination. 1'I . Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneaus Proc,eeds are hereby assigned to and shall be paid to L,ender. If the Property is damagerl, such Miscellaneous Procceds shall be applie� to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellan�us Procceds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's NEBRASKA-Single Family-Fannie Mae/Freddie Mac UN�FORM INSTRUMENT Form 3028 1/01 VMP p VMP6INE) (1105) Wolters Kluwer Financial Services Page 9 of 17