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201305301
<br /> modifying the mortgage insurer's risk,or reducing losses. If such agreement provided that an affiliate of Lender
<br /> takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is
<br /> 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 Borrower will
<br /> owe for Mortgage 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
<br /> Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may
<br /> include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
<br /> Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any
<br /> Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
<br /> 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
<br /> assigned to and shall be paid to Lender.
<br /> If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the
<br /> Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such
<br /> repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
<br /> had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
<br /> provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
<br /> single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in
<br /> writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
<br /> required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is
<br /> not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to
<br /> the sums secured by this Security Instrument,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 Section 2.
<br /> In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds
<br /> shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,
<br /> paid to Borrower.
<br /> In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value
<br /> of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the
<br /> amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss
<br /> in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument
<br /> shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total
<br /> amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the
<br /> fair market value of the Property immediately before the partial taking,destruction,or loss in value. Any balance
<br /> shall be paid to Borrower.
<br /> In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value
<br /> of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the
<br /> sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender
<br /> otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security
<br /> Instrument whether or not the sums are then due.
<br /> If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing
<br /> Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to
<br /> respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the
<br /> Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
<br /> Instrument,whether or not then due."Opposing Party"means the third party that owes Borrower Miscellaneous
<br /> Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding,whether civil or criminal, is begun that, in
<br /> Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in
<br /> the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has
<br /> occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling
<br /> that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest
<br /> in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
<br /> attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
<br /> All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
<br /> the order provided for in Section 2. •
<br /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
<br /> payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
<br /> Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
<br /> Successors in Interest of Borrower. Lender shall not be required to continence proceedings against any Successor
<br /> in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
<br /> secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in
<br /> Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without]imitation,
<br /> Lender's acceptance of payments from third persons, entities or Successors 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 and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants
<br /> and agrees that Borrower's obligations and liability shall be joint and several_ However,any Borrower who co-
<br /> signs this Security Instrument but does not execute the Note (a"co-signer"): (a) is co-signing this Security
<br /> Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this
<br /> Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)
<br /> agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations
<br /> with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
<br /> Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's
<br /> obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's
<br /> rights and benefits under this Security Instrument_ Borrower shall not be released from Borrower's obligations
<br /> and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
<br /> agreements of this Security Instrument shall bind(except as provided in Section 20)and!benefit the successors
<br /> and assigns of Lender.
<br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
<br /> Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security
<br /> Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 6 of9pages)
<br /> 9754.CV(7/11) 3-113509 Creative Thinking,Inc.
<br /> GOTO(004ceaf3)
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