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2015010N; <br />not available, Borrower shall continue to pay to Lender the amount of the separately designated payments <br />that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non- <br />refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires <br />separately designated payments toward 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 <br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums <br />required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until <br />Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and Lender providing for such termination or until termination is required by Applicable Law. <br />Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it <br />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 party <br />(or parties) to these agreements. These agreements may require the mortgage insurer to make payments <br />using any source of funds that the mortgage insurer may have available (which may include funds <br />obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />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 <br />amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any <br />refund. <br />(b) Any such agreements will not affect the rights Borrower has — if any — with respect to <br />the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These <br />rights may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation <br />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 lessened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous <br />Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />NEBRASKA -- Single Family -- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01 (page 8 of 15 pages) <br />