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200301741 Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce lasses. These agreements are on term; and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make pa ents using any source of funds that the mortgage insurer may have available (which may include finds obtained hour Insurance premiums). As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsures, any other entity, or affiliate ofanyy ofthe foregoing, may receive (dircetly or indirectly) amounts that derive from (or might be characterized as) a portion ofBo¢owcr's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses_ If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: '.(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigiied m and shall be paid to Lender. Ifthe Properly is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series ofprogress payments as the work is completed. Unless ml agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. [fine restoration or repair is not economically feasible or Lender's security would he lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event nfa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, fany, paid to Borrower. In the event nfa partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe Property immediately before the partial liking, destruction, or loss in value is equal to or 6� mtnn reater than the aoofdle sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall he reduced by the amount oftlle Miscellaneous Proceeds multiplied bythe following fraction; (a) the total amount ofthe sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value of the Property innnci iriely before the Partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and I ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, aher notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for darriNes, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect air Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right ofaction in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture ofthe Property or other marerial impairment off ender's interest in the Property or rights under this Security Instrument Borrower can cure such .default and, ifaccelemtion has occurred, reinstate as rovided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in l ender'sjudvvmenS precludes forfeiture ofthe Property or other material impairment offender's interest in the Property or rights under flits Security Instrument The pproceeds of any award or claim for damages that are attributable to the impairment off ender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration of repair ofthe Property shall be applied in Ihcorder provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or modification ofamortization ofthe sums secured by this Security Insmunient granted by lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason ofanydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the ... tint then due, shall not be a waiver ufor preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants mid agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does riot execute the Note (a "co- signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument mid (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Nere without the co- signer's consent. Subject m the provisions of Section 18, any Successor in Interest of Borrower whir asaumes Borrower's obligations under this Security Instrument in writing and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not he released from Borrower's obligations and liability under this Securityry Instrument oohs Lender agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns ofLendcr. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose.fprolecting gander's interest in the Property and rights under this Security Instrument including, but nut limited to, attorneys' fees, property inspection mid valuation fees. In regard to any other fees, the absence ofexpress authority in this Security Instrument n1 charge a specific fee to Borrower shall not be construed as a prohibition on the chvargingofsuchfee. Lender may not charge Zees that are expressly prohibited bythis Security Instrument or by Applicable If the Iaan is subject to a law which sets maximum Iran charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then; (a) any such Iran charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums NEBRASKA 9tngle Fami ly— Fannie Mae/Freddie Mae L.41FOBAI 1NSTRUNI ENT Fovo3028 1 /01 (page 5 of6pagei, 11111 1(1 /0]) 1641691 GOTO(e00414l27)