+4IIIj4 3111
<br />Marriage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
<br />agreements willn other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions
<br />that are satisfactory to the mortgage insurer and the other party (tar Uatties) to these agreements. These agreements may
<br />regmre 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 hlsurance premiums).
<br />As a result ofthese agreements, Louder, any purchaser oftlie note, another insurer, any reasoner, any other entity,
<br />or affiliate ofany oftlie 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 axe ange for sharing or modifying die mortgage insurer's
<br />risk, or reducing losses. Ifsuch agreement prnvi cd that an affliare ofLendertakes a share of the Insurer's risk In exchange
<br />for a share oftlie premiums paid N dte insurer, the arrangement is oRen termed "captive reinsurance." Further
<br />Is Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other lernns of the Loan. Such agreements will rat increase the amount Borrower will owe for
<br />Mortgage IBSUronce, antl they will no[ entitle Borrower to any refund.
<br />(h) Any such agrocments will not eRect 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 Miscellancous Pri wdsueherebyassignedmand
<br />shall be paid to Lender.
<br />tribe Property is damaged, such Miscellaneous Proceeds shall be applied t) restoration or repair of the Property, if
<br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
<br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Under has had m1 opportunity to inspect such
<br />Property to ensure the 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 progress payments as, the
<br />work is completed. Unless an agrccmum is made in writing or Applicable law requires interest to be paid on such
<br />Misccllancous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. Ifthe restoration nr repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
<br />Proceeds shall be applied to the sums secured byy this Security Instrument, whether or not then due, with die excess, if any,
<br />paid to Borrower. Such Miscellanems Prucccds shall be applied in the order provided for in Section 2.
<br />In the event of a 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, ifany, paid to Borrower.
<br />In the event ofa partial taking, destnwtioq or loss in value of the Property in which the fair market value of the
<br />Property immediately before the partial taking, dcstrudioq or loss in value is equal to or greater than the amountofthe sums
<br />secured by this Security Instrmnent immediately before the partial taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the sums srcured 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 secucd 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 oftlie 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 arc 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 ('or damages, Borrower fails to respond to Lender
<br />within 30 days after the date the notice is given, Lender is authorized to collect and applythe 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 die third parry that owes Borrower Miscellaneous Proceeds or the party against wham Borrower
<br />has a right of action in regard m Miscellaneous Prrseeds.
<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 of the Properb or other material impairment of Lender's interest in the Propertyor rights
<br />under this Security Instrument. Borrower can care such a default and, if acceleration has occurred, reinstate zs rovidcd m
<br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes lot ture
<br />ofthe Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The
<br />proceeds of any award or claim for damages that arc attributable to the impairment ofUnder's interest in the Property are
<br />hereby ass %tined said shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
<br />provided for in Section 2.
<br />12. Borrower. Not Released; Forbearance By Lender No( a Waiver. Extension of die time for payment m
<br />modification ofamortmiaion oftlie sums secured bythis Security Instrument granted by Lenderto Borrower oran Successor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest otYBorrower.
<br />Lender shall not be required to cunnlence proceedings against any Successor in Interest of Borrower or to refuse to extend
<br />time for payment or otherwise modify amortization orthe sums secured by this Security Instrument by reason ofanrydernand
<br />made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any, right
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors u)
<br />Interest of Borrower or in
<br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise ofany right or remedy.
<br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrowercovenantsandagrees
<br />that Burrower', obligations and liability shall be joint and several. However. any Borrower who co -signs this Security
<br />Instrument but does not execute the Netc (a 'cu- signer"): (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 y obligated
<br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other But can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nate 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 Under, 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. 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 ufprotecting 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 charge 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 maeimmn Ioat 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 necessary m educe the charge to the permitted limit; and (b) any sums
<br />NEBRASKA — Single Fmnlly— Fannie Mae'Frednie Mae UNIFORM INSTRUMENT Funn3028 1101 (,,e5)f8Pngr_o
<br />9]54 Cv1102) 1650415
<br />Gom(10011424)
<br />
|