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200301949 Mortgage Insurers evaluate their total risk on all such insurance in fine. from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may re ire the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any ppurchaser of the note, another insurer, any reinsurer, any other entity, or atliate ofanyy of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion ofBorrower's payments for Mortga(,re Insurance, in exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses Ifsuch agreement provided that an affiliate of Lender takes a Share ofthe insurer's risk in exchange for ashore of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: 'Bi) 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 nut 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 Miscellancous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned In and shall be such Miscellaneous Property to ensure the work has been compleh promptly. Under may pay for the repairs and work 1s completed- Unless an agreement is Miscellaneous Proceeds, Lender shall not be Proceeds. Ifthe restoration or repair is not ecc Proceeds shall be applied to the sums secured paid to Borrower. Such Miscellaneous Ponce In the event of a total taking, destru applied to the sums secured bythis Security It In the event ofa partial taking, desb Property immediately before the partial taking secured bythis Security Instrument immediate Lender otherwise agree in writing, the sums value divided taking, destruction, or loss in value. In the event of a partial tal Property unnedianely before the pa immedately before the partial taken the Miscellaneous Proceeds shall be due s Proceeds shall be applied to restoration or repair ofthe Property, if rider's security is not lessened During such repair and restoration rues Proceeds until Lender has had an oppoltuniry M inspect such er's satisfaction, provided that such inspection shall be undertaken I in as ingle disbursement or in a series of progress payments as the writing or Applicable Law requires interest to be paid on such to pay Burrower any interest or earnings on such Miscellaneous feasible or Lender's security would be lessened, the Miscellaneous his Security Instrument, whether or not then due, with the excess, Amy, shall be applied in the order provided for in Section 2. q or loss in value ofthe Property, the Miscellaneous Proceeds shall be Iment, whether or not then due, with the excess, ifany, paid in Borrower. on, or loss in value ofthe Property in which the fair market value ofthe Bruction, or loss in value is equal to or greater than the amolan ofthe sums ared by this Security Instrument shall be reduced by the amount of the ig @action (a) the total amount ofthe sums secured immediately before the by (b) the fair market value ofthe Property immediately before the partial shall be paid to Borrower. Ion, or loss in value of the Property in which the fair market value ofthe estruction, or loss in value is less than the amount ofthe sums secured or loss in value, unless Borrower and Lender otherwise agree In writing, sums secured by this Security Instrument whether or not stuns we then If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry as tetrad in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair ofthe Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party againstwhom Borrower has a right of action 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 of the Property or other material impairment of Lender's interest in the Property or rights under this Security Insnument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling drat, in Lender's j udBement, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The Rrneceds of any award or claim for damages that are attributable m the impairment of Lender's interest in the Property are ereby assiggned and shall he paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Tender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Bomtwer ur any Successor in Interest of Borrower shall not operate to release the liability of Rorrowcr or any Successors in Interest of Borrower. Lender shall not be required to commence proceeding 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 ofany demand made by die original Borrower or any Successors in Interest of Borrower. Any forbearance by I coder 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 amount their due, shall not be a waiver of or preclude the exercise of my right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borroveercovenantsandramas that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument hot does not execute the Note (a "co- signer): (a) is cu- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms ofthls Security Instrument; (h) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, Forbear or make any accommodations with regard to the terms of this Security Instrument or die Note without the co- signer's consent. Subject tome provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by I ender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of-this Security Instrument shall bind (except as In ovided in Section 20) and heneGt the successors and assigns oft coder. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any otter fees the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the chaging of such fee. Lender may not charge tees that are expressly prohibited bythis Security Instrument or by Applicable I ate. If the Loan is charges ,object ll o law which sets maximum Iran charges, and that law is the interpreted so that the interest l other loan sharges reduced or e he ontne collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall he induced bydte amountnecessary fi reduce the charge to the permitted limit; and (h) any sums N EBIUVsKA Suigle Family— Fannie Mas/Freddie Mac UNIFORM INSTRUMENT Fann3028 1 /01 (page5of3pageo 9751 CV (1/02) 1655W GOTO(00042al, )