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200300913 <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modifytheir risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, myreinsurer, any other entity, <br />or affiliate of my of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in exchange <br />for a share 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 Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />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 Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceedsareherebyassignedwmd <br />shall be paid to Lender. <br />Proceeds shall be applied to restoration or repair of the Property, if <br />lder's security is not lessened. During such repair and restoration <br />ieous Proceeds until Lender has had an opportunity to inspect such <br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, <br />paid to Borrower. 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 ofthe Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security instrument, whether or not then due, with the excess, ifany, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds 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 immediately before the partial <br />taking, destruction, or loss in value. Any balance 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 of the <br />Property immediately before the Partial taking, destruction, or loss in value is less than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security instrument whether or notthe sums are then <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party" means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />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 Lender's <br />judgment, could result in forfeiture ofthe Property or other material impairment oflznder's interest in the Propertyor rids <br />under [his Security LnsVUment. Borrower can cure such adefault and, rf accelerat ion has occurred, reinstate as providedm <br />Section 19, by causing [he action or proceeding to be dismissed with a ruling t hat, in Londer'sjudgrnent, precludes forfeiture <br />ofthe Property or other material impairment of Lender's interest in the Property or rights underth�s Secuntylnstrument. The <br />proceeds ofany award or claim for damages that are attributable to the impairment ofUnder's interest in the Property are <br />hereby ass.gned and shall be paid to Lender. <br />_AII Miscellaneous Proceedsthat are not applied to restoration or opairofMv Propertyshall be appliedm the order <br />In Interest of Borrower shall not i <br />Lender shall not be required to cor <br />time for payment or otherwise mod <br />made by the original Borrower or a <br />or remedy including, without limit <br />Interest of Borrower or in <br />amounts less than the amount then <br />13. Joint and Several <br />Not a Waiver. Extension ofthe time for payment or <br />any Successors in Interest of Bo'. <br />merest of Borrower or to refuse to <br />Lender's acceptance of payments <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />ity Co- signers; Successors and Assigns Bound. Borrowercovenamsandagees <br />y shall be joint and several. However, any Borrower who co -signs this Security <br />e (a "co- signer'): (a) is co-signing this Security Instrument only to mortgage, grant <br />e Property under the terms of this Security instrument; (b) is not personally obligated <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, <br />Miens with regard to the terms of this Security Instrument or the Note without the co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Secura <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br />default, for the purpose ofprotecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express <br />authority in this Security Instrument to chargge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) <br />any such loan charge shall be reduced by the amount necessaryto reduce the charge to the permitted limit; and (b) any sums <br />NEBRASKA -- Single Fartdly— Fannie Nlae'Freddle Mac UNIFORM INSTRUMENT Fonr3028 1/01 (page5of8pages) <br />9154.CV(1I03) 1640184 <br />