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202403761
<br />As a result of these agreements, Lender, another insurer, any reinsurer, any other entity, or
<br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from
<br />(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. Any such
<br />agreements will not: (i) affect the amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other terms of the Loan; (ii) increase the amount Borrower will owe for Mortgage
<br />Insurance; (iii) entitle Borrower to any refund; or (iv) affect the rights Borrower has, if any, with
<br />respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 (12 U.S.C. §
<br />4901 et seq.), as it may be amended from time to time, or any additional or successor federal
<br />legislation or regulation that governs the same subject matter ("HPA"). These rights under the
<br />HPA 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
<br />a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation
<br />or termination.
<br />12. Assignment and Application of Miscellaneous Proceeds; Forfeiture.
<br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the
<br />right to receive all Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to
<br />Lender.
<br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property
<br />is damaged, any Miscellaneous Proceeds will be applied to restoration or repair of the Property, if
<br />Lender deems the restoration or repair to be economically feasible and Lender's security will not
<br />be lessened by such restoration or repair. During such repair and restoration period, Lender will
<br />have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect
<br />the Property to ensure the work has been completed to Lender's satisfaction (which may include
<br />satisfying Lender's minimum eligibility requirements for persons repairing the Property,
<br />including, but not limited to, licensing, bond, and insurance requirements) provided that such
<br />inspection must be undertaken promptly. Lender may pay for the repairs and restoration in a single
<br />disbursement or in a series of progress payments as the work is completed, depending on the size
<br />of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default
<br />on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing
<br />or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing
<br />or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender will not
<br />be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender
<br />deems the restoration or repair not to be economically feasible or Lender's security would be
<br />lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the sums
<br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
<br />Borrower. Such Miscellaneous Proceeds will be applied in the order that Partial Payments are
<br />applied in Section 2(b).
<br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss
<br />in Value of the Property. In the event of a total taking, destruction, or loss in value of the
<br />Property, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with the excess, if any, paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial
<br />Devaluation") where the fair market value of the Property immediately before the Partial
<br />Devaluation is equal to or greater than the amount of the sums secured by this Security Instrument
<br />NEBRASKA --Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Form 3028 07/2021
<br />Page 12 of 20
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