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20120433Q <br />and Borrower was required to make sepazately designated payments toward the premiums for Mortgage Insurance, <br />Bonower shall pay the premiums required to obtain coverage substanrially equivalent to the Mortgage Insurance <br />previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in <br />effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is <br />not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due <br />when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non- <br />refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact <br />that the Loan is ultimately paid in full, and Lender shall not be required to pay Bonower any interest or eaznings on such <br />loss reserve. Lender can no longer require loss reserve payments if Mortgage Inswance coverage (in the amount and for <br />the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and <br />Lender requires separately designated payments towazd the premiums for Mortgage Insurance. If Lender required <br />Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiwns required to maintain Mortgage <br />Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends <br />in accordance with any written agreement between Borrower and Lender providing for such termination or unril <br />termination is required by Applicable Law Nothing in this Section 10 affects Borrower's obligation to pay interest at the <br />rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage Insurers evaluate their total risk on all such insurance in force from rime to rime, and may enter into <br />agreements with other parkies that shaze or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may <br />have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any pwchaser of the note, another insurer, any reinsurer, any other entity, or <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be chazacterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage <br />insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk <br />in exchange for a share of the premiums paid to the insurer, the a.mangement is often termed "captive reinsurance." <br />Further: <br />(a) Any such agreementa will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, <br />or any other terms of the Loan. Such agreeraents will not increase the amount Borrower will owe for Mortgage <br />Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may �nclude the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have t�e Mortgage <br />Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance preatiums that were <br />unearned at the time of such cancellatton or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restorarion or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect <br />such Property to ensure the work has been completed to Lender's satisfacrion, provided that such inspection shall be <br />undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress <br />payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be <br />paid on such 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 be lessened, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />NEBRASKA Single Family-Fannle Mae/Freddfe Mac UNIFORM INSTRUMENT Form 3028 1101 <br />Page 7 of 12 � � <br />ios, inc. Borrower(s) IniUals ,� � <br />