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200301234 <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 modify their 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 agrm <br />eeents may <br />regwire the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may include Ponds obtained from Mortgage Insurance premiums). <br />As a result ofthese agreements, Lender, any ppurchaser ofthe note, another insurer, any reinsurer, any other entity, <br />or affiliate ofany ofthe foregoing, may receive (direct y or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's pa is for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. ifsuchagereement provided that an affiliate ofUnder takes a share ofthe insurer's risk In exchange <br />for a share ofthe 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 Proceeds are herebyassigned in and <br />shall be paid to Lender. <br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration <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. If the 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, if any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security instrument, whether or not then due, with the excess, if my, 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, dest ruction, or loss in value is equal to or greater than the amount of the sums <br />secured by this Security Instrument immediately before the partial inking, destruction, or loss in value, unless Borrower and <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 not the 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 damsges, 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 Parry" means the third party that owes Borrower Miscellaneous Proceeds or the parry 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 offender's interest in the Propenyor rights <br />un erthis Security Instrument. Borrower can cure such a default and, ifaccelemnon has occurred, reinstate as provided in <br />of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />proceed. of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied inthe order <br />provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor <br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower, <br />or remedy Including, without limitation, Under 's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver ofor preclude the exercise ofany right or remedy. <br />13. Joint and Several friability; Co- signers; Successors and Assigns Bound. Borrowercovenants andagrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security <br />Instrument but does not execute the Note (a "co- signet'): (a) is co- signing this Security Instrument only to mortgage, grant <br />and convey the co- signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personal yobligated <br />to paythe sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Now without die co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest ofBorrower 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 Security <br />Instrument unless Lender agrees to such release in writing. Thecovenants and agreements ofthis 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 Properryond 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 ofexpress <br />authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging ofsuch fee. Lender may not charge fees that are expressly prohibited bythis Security Instrument or by Applicable <br />Law. <br />Ifthe 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 bythe amount necessaryto reducethe charge to the permitted limit; and (b) any sums <br />NEBRASKA — Single Family—Fannie M.&Freddk Mac UNIFORM INSTRUMENT Form3028 II01 (pages fSpnxes) <br />9754 CV (1,02) 1648310 <br />