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<br />modifying the mort�age insurer's risk, or reducamg losses., If such agreement provifled that an affiliate of Lender
<br />takes a shaze of the msurar's risk m exchanga for a shaz+e of the premiums pa�d to the insurar, the arrangament is
<br />of�en termed "eaptive reinsurrance " F�ther:
<br />(a) Any such agreements will not affect We amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other terms of the Loan. Snch agreements will not increase the amount Borrower will
<br />owe for Mortgage Tnsurance, and they will not entitle Bormwer to any refand.
<br />(b) Any such agreements will not aHect the rights Borrower has — if any — with respect to the
<br />Mortgage Insurance under the Homeowners Proteetion Ad of 1998 or any other law. These rights may
<br />include the right to receive cerfain disclosnrea, to request and obtain cancellatlon of the Mortgage
<br />Insurance, to have the Nlortgage Tn9urance terminated sutomatically, and/or to recefve a refund of any
<br />Mortgage Insurance preminm�s that wero uaearned at the tPme of sach c.�neeitatlon or terminaHon.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All M'�scellaneous Proceeds are hereby
<br />assignad to and shall be p�id to Lender.
<br />If the Property is demaged, such Miscellaneous Proceeds shall be applied to xastoration or repair of the
<br />Property, if the restoration or repair is economically feasible and Lender's sec�uity is not lessened. Durmg such
<br />repair and restoration period, Lender shall hava the right to hold such Miscellaneous Proceeds until Lender has
<br />had an opportunity to inspect such Property to ansure the work has baen completed to Lender's satisfaction,
<br />provided that such mspection shall be imdertaken prompfly. Lender mey pay for the repeirs and rastoration in a
<br />single disbursement or m a series ofpmgress payments as the work is completed. Unless ana�e ment is made in
<br />writing or Applicable Law requires interest w be paid on such Miscellaneous Proceeds, Lender shall not ba
<br />required to pay Borrower any interest or eamings on such Miscellaneous Proceeds. ffti►e restoradon or repa'v is
<br />not economically feesible or Lender's sec�sity wouldbe lessened, the Miscellaneous Proceeds shall be appl�ed to
<br />the sums secured by this Security Inshvment, whether or not then due, with the excess, if any, paid to Borrower.
<br />Such Miscellaneous Proceeds shall be applied in the order provided for in Secrion 2.
<br />In the event of a total taking, destruction, or loss in value of the Froperiy, the NTiscellaneons Proceeds
<br />shall be applied to tha sums secured by this Security Inshument, whe�er or not then due, with the excess, if any,
<br />paid to Borrower.
<br />In tha avent of a partial taldng, destrucflon, or loss in value ofthe Property in which the fair mazket value
<br />of the Propecty immediateIy before the partial taking, destruction, or loss m value is aqual to or geater than the
<br />amount of the sums secured by this Secunty Instrument immediataly before the partial takin$, destruction, or loss
<br />in value, unless Borrower and Lender otherwise agree in writing, the s� secured by this Security Insavment
<br />shall ba reduced by tha emount of the Miscellaneous Proceeds multiplie,rl by the followmg fraction: (a�the total
<br />amount of the sums aec�ed immediately before the partial talring, deshuction, or loss in value divided y(b) the
<br />fair market value of the Property immediately before the paztial taking, destruction, or loss 'v� value. Any balance
<br />shall be paid to Borrower.
<br />In the event of apartial taldng destruction, or loss in value ofthe Properiy in whichthe fairm�micet value
<br />of tfie Property unmediateiy before the partial taldng, deshucUion, or loss in value rs less than the amount of the
<br />sums secured immediately before the partial taldng, de,sa�uction, or loss in value, unless Boaower and Lender
<br />otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
<br />Inshvment whether or not the sums are then due.
<br />If the Property is abandoned by Boaower, or i� after nodce by Lender w Borrower that the Opposing
<br />Party (as defined in the next sentence) offers W make an awerd to settle a claim for damages, Boaower fails to
<br />respond to Lender within 30 days after the date the notice is givan, Lender is authorized to coIlect and applythe
<br />Miscellaneous Proceeds either to rastoration or repair of the Property or m tha sums secured by this Securny
<br />Insmunent, whethar or not then due. "Opposing Party" means tha L•iiird party that owes Bonower Miscallaneaus
<br />Proceeds or tha party t whom Borrower has a right of action inr�rd to Miscellaneous Proceeds.
<br />Borrower s��in default if any action or proceed'mg, whet�er civ�7 or criminal, is begun that, in
<br />Lander's judgment, could result in forfeitrue of the Property or other material impasment of Lender's mterest in
<br />the Property or rights under this Security Tnstrument Borrower can cure such a default and, if acceleration has
<br />occurnd, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a nzling
<br />that, in Lender's judgment, precludes forfeiture ofthe Prope�y or ot}►er material impairment of Lender's interest
<br />in the Property or nghts under this Security Instrument 'I�e proceeds of any award or claim for damages that are
<br />attributable to tha impaument of Lender's interest in the Propariy ere hereby agsigned and shall be paid to I:endar.
<br />All Miscellaneous Proceeds that are not applied to restotadon or repair ofthe Property shall be appfied in
<br />the order provided for in Secdon 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tane for
<br />payment or modi5cation of amorti7ation of tha sums seciued by this Secwity Insuvment granted by Lender to
<br />Boaower or any Successor in Imerest of Borrower shall not operate to releasa the liability of Boaower or any
<br />Successors in InterestnfBorrower. Lender shall not be required to commence proceedings against any Successor
<br />in Tnterest of Boaower or to refuse to extend tia� for payment or otheer�vise modify amortization of the suais
<br />secured by this Security Inshvment by reason of any damand made bx the original Borrower ar any Successors in
<br />Interest o£Boaower. Any forbearanca by Lender in exercisin� azry nght orremedy mcludina, without limitation,
<br />Lender's acceptence of payments from third persons, enuhea or Succe.csors in Interest of Borrower or in
<br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint aad Several Liability; Co-signera; Suceessors and Assigns Boand. Borrower covenants
<br />and a�ees that Boaower's obligations and liability shallba joint and seve:al. However, any Borrower who co-
<br />signs t}us Security Instnament but daes not exepus the Idota (a "co-si�ner"): (a) is co-signmg this Security
<br />Instrument only to mort4age, grant and convey the co-signer's imerest m tha Property under the terms of this
<br />Security Instrument; (b} �s not personally obligeted to pay the sums seeured by this Security Instcumenfi and (c)
<br />agees that Lender and any other Barrower can agree to extend, modify, forbear or make any accommodations
<br />with regazd to tha terms of this Secwity Instrimient or the Note without tk►e co-signer's consent
<br />Subject to ihe provisions of Section 18, azry Successor in Interest of Hoaaver who assvmes Botrower's
<br />obligations under this Sec�ity Inswment in writing, and is approved by Lender, shall obtain all of Boaower's
<br />rights and benefits under this Security Iastrument Borrower shall not be taleased &om Borrowar's obligations
<br />and liability imder this Security Inshvment unless Lender agrees to such release in writmg. The covenants and
<br />agreements of this Security Inswment shall bind (except as providad 'm Section 24) and benafit the successors
<br />and assigns of Lender.
<br />14. Loan C6arges. Landar may charge Barrower fees for services performed in connection with
<br />Borrower's default, for the gur�ose of protecting Lander's interast in the Property and rights under this Security
<br />Iashument, including, but not luiuted to, attorneys' fess, property inspection and valuation fee,a. 7n regard to any
<br />NEBRASKA—Single Fam�7y—Fnaoie Mae/Freddie Mec UNIFORM INSTRUMENT Form 3028 1/01 (page 6 oj9 pagesJ
<br />9734.CV(7A3) 4360102807 CreetiveTdinldqg,Ipc.
<br />�OTO(003fo74p
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