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Loan No: 790285 Data ID: 388
<br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses
<br />it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
<br />Insurance.
<br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and
<br />may enter into agreements with other parties that share or modify their risk, or reduce losses. These
<br />agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other
<br />party (or parties) to these agreements. These agreements may require the mortgage insurer to make
<br />payments using any source of funds that the mortgage insurer may have available (which may include
<br />funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
<br />reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly)
<br />amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage
<br />Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such
<br />agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
<br />of the premiums paid to the 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
<br />Mortgage 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 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
<br />of the Property, if the restoration or repair is economically feasible and Lender's security is not
<br />lessened. During such repair and restoration period, Lender shall have the right to hold such
<br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the
<br />work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
<br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
<br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable
<br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
<br />Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not
<br />economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
<br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
<br />any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
<br />Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
<br />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.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair
<br />market value of the Property immediately before the partial taking, destruction, or loss in value is equal
<br />to or greater than the amount of the sums secured by this Security Instrument immediately before the
<br />partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br />sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
<br />immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to
<br />Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair
<br />market value of the Property immediately before the partial taking, destruction, or loss in value is less
<br />than the amount of the sums secured immediately before the partial taking, destruction, or loss in
<br />value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be
<br />applied to the sums secured by this Security 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
<br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
<br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is
<br />authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the
<br />Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing
<br />Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom
<br />Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />NEBRASKA VA DEED OF TRUST Form 3028 1/01 (Page 7 of 11 Pages)
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