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200301626
<br />Mortgage Insurers evonate 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 />tInt 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 />As a result ofthese agreements, Lender, any purchaserofthe note, another insurer, any reinsureq any other entity,
<br />or affiliate ofany of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized
<br />as) a portion ofBarrower's paymentsfor Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. Its agreement provided that an affiliate of Ixadcr takes x share ofthe insurer's risk m excange
<br />for a share ofthe premiums paid to the insurer, the mrmhgement 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 ofthe 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— ifany — 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 ofthe 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 />It. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned 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 />period, I endershall havethe rightto hold such Miscellaneous Proceedsuntil Lenderhashadanopportum minspectsuch
<br />Property to ensure the work has been completed to Lender's satisfact inn, provldcd that such inspection shall) be undertaken
<br />promptly. I ender may pay for the repairs and restoration in a single disbursement or in a series ofprogress 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, Under 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 Lendcr's security would be lessened, the Miscellaneous
<br />Proceeds shall he applied to the surns secured bythis Security Instrument, whether or not then due, with the excess, ifany,
<br />paid w 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 die 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 />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthesune;
<br />Lender otherwise agree in
<br />Miscellaneous Proceeds in
<br />acing, aestrucnon, or loss in vane. Any oalmlce snau ae pain in oawwe'.
<br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe
<br />Property immediately before the Partial taking, destruction, or loss in value is less than the amount ofthe 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 suns secured by this Security Instrument whether or not the sums me then
<br />due.
<br />Ifthe Property is abandoned by Borrower, or if,
<br />defined in tine next sentence) otters to make an award to
<br />within 30 days after the date the notice is given, Lender is z
<br />to restoration or repair of die Property or to the sums
<br />"Opposing Party" means the third party that owes Borrov
<br />has a right ufaction in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or to
<br />jd mem, could result in forfeiture ofthe Property or other
<br />anTer this Security Instrument. Borrower can cur, such a
<br />Section 19, by causing the action or proceeding to be dism
<br />ofthe Property or other material impairment of Lender's h
<br />e by Lender to Borrower that the Opposing Party (as
<br />1m for damages, Borrower fails to respond o Lender
<br />to collect and apply the Miscellaneous Proceeds either
<br />i this Security Instrument, whether or not then due.
<br />aneous Proceeds or the party against whom Borrower
<br />whether civil or criminal, is begun that, in Lender's
<br />his Security Instrument. The
<br />interest in the Property are
<br />to Lcndcr.
<br />ads that are not applied to restoration or repair ofth, Property shall be applied in the order
<br />12. Burrower 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 byLenderw Barower 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 />Lender shall not be required to commence proceeding against any Successor in Interest of Borrower or to refuse to extend
<br />time for payment or otherwise modify amorthmtion ofthe sums secured by this Security Instrument by reason ofanydemand
<br />made bythe original Borrower or any Successors in Interest of Borrower. Any forbearance by lender in exercising anyright
<br />or remedy including, without limitation, Lender'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 of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees
<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-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 personally obligated
<br />to pay the sums secured by this Security Instrument; and (c) aggrees that Lender and any other Borrower can agree to extend
<br />modify, forbear or make any accommodations with regard tot a terms ofthis Security Instrument or the Note withoutthe 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 at 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 Lcndcr agrees to such release in writing. The covenants and agreements of this Security Instrument shall
<br />bind (except as provided in Section 20) and henefht the successors and assigns of Lender.
<br />Id. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose of protecting 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 anyother 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 of such ice. I ender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable
<br />Law.
<br />If the Iran is subject ll n 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 aunt n cif in connection with the Loan exceed the permitted limits, them MS
<br />any such loan charge; shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
<br />,NEBRASKA — Single ramil} -- Fannie Mac /F,ML)w Mir UNIFORM INSTRUMENT Form 3028 1/01 (pnge5 f8 pages)
<br />9954 CV(Ve2) 1611520
<br />GUTIX0004197])
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