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200302591 Mortgage Insurers evaluate their total risk on all such insurance in force from first, to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses . these agreements are on terms and conditions that are satisfactory to the mortgage insurer oud the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using anv source of fiords that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result ofthese agreements, Lender, any purchaser ofthe note, another insurer, amy reinsurer, any other entity , or affiliate ofany of the htrcgmng, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, orreducing losses. Ifsuc i agreementpmvl edification affiliate ofLender takes ashore office insurer's risk mexchunge for a share ofthe premiums paid to the insurer, the arrangement is Orion termed "captive reinsurance" further: (a) Any such agreements will not affect the amounts Ihat Borrower has agreed ht pay for Mortgage Insurance, or any other terms ofthe Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not enlille Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any —with respect to the Mortgage Insurance under lies 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 ofany Mortgage Insurance premiums (ha1 were unearned at the time aliment cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Misecllancous Pro reds arc hucby a signed to and shall be paid to Lender. Ifdle Property is damaged, such Miscellaneous Proceeds shall be applied us restoration or repair ufthe 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 Lander has had an opportunity to inspect such Property to ensure the work has been completed to I ender's satisfaction, provided that such inspection shall he undertaken promptly. Lender nuy pay for the repairs and restoration in a single disbursement et in a series ofprogress payments as the work is completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such Miseelloneous Proceeds, Lender shall not be required to payy Borrower any interest or earnings on such Misecllancous Proceeds. Ifthe restoration orrepair is noteconontically feast Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured bvthis Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for in Section ) In the event of a total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the stuns secured by this Securib holrunueof, whether or not then due, with the excess, ifany, product Borrower In the event ofa partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe Property inurediateLy before the partial taking, destruction, or loss in value is equal to or Greater than the amount Ofthesums secured hythis Security Instrument i mined lately before the partial taking, destruction, orjoss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by Phis Security Instrument .shall he reduced by the amount ofthe Miscellaneous Proceeds multiplied by the following traction: (a) the total amount of 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 ever t Of a partial taking, destruction, or loss in value ofthe Properly in which the fair market value ofthe Property immediatey before the partial taking destruction, or loss in value is less than the amount of Ilse sums severed murchi ely before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or riot Lesions are then due. If the Property is abandoned by Borrower, or if, after 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 damages, Borrower fails to respond to Icndel' within 30 days after the date the notice is given, Lender is authorized to collect air the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured b}• this Security Instrument, whether or not their due. "Opposing Party" means the third partytlrt owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right ofaction in regard to Miscellaneous Proceeds. Borrower shall be in default ifany action or proceeding, whelhcr civil or criminal, is begun that, in Lender's judgment, could result in forfeiture ofthe Property or other material impairment ofLender's interest in the Property or rights mfr cr this Security Insrument. Burrower can cure such a default Land, ifacceleration has occurred, reinslateas provided in Section 19, by causing the action or proceedingg to be dismissed with a rullog that, in Lender's judgment. precludes forfeituro Ofthe Property Orother material mpairment Of Lender's interest in the Property or rights tinder this Security Instrument The proceeds of are sword or claim for damages that are attributable to the impairment of Lender's interest in due Property are hereby assigned nod shall he paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repuir ofthe Property shall be applied in the order provided for in Section 2. 12. Bm or wer Not Released; Forbearance By Lender No( a Waiver. Fstensinn of Poe time for payment or mndi ficaLion of amortization ofthe sums secured by this Security Instrument 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. I ender shall not he required to commence proceeding against any Successor in Interest ofBorrov ra or to refuse to extend time for payment of 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. Ali,, forbear once 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 Iorrower or in amounts less than the amount then due, shall not be a waiver Of or preclude the exercise crane right or remedy. 13. 3 oint a nd Several Lia bility; Co- signers; Successors and Assigns Bound. Bon ewer covenants mod agrees that Borr'ower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a'bo- signer") (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the let re of this Security Instrument; (h) is not personallyobligated to paythe sums secured by this Security Instrument; and (c) altrees that Lender and any other Borrower can agree lee extend. modify, forbear m slake any acconunudations with regard to al trees terms Ofthis Security Instrument or the Note without the CO- signer's consent. Subject to the provisions fSection 18, any Successor in Interest cf Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of But rights mud benefits trader this Security Instrument. Borrower shall not be mleased from Borrower's obligations and Iiabifity under this Secwit) - Instrumentunlesslanderagreestosuchreleaseinwriting. The covenants and agreements ofthis Security Instrument shall hind to script as provided in Section 2 0 and rose hIthe succcssurs and assigns Is fImider. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting I ester's interest in the Property and rights under this Security Instrument, including but not I invited to, attorneys' fees, property inspection and valuation fees, In regard to any other fees, the absence ofexpress authority in this Security Instrument to charge a specific Ice to Borrower shall not be construed as a prohibition on the charging Of Sueh tee_ Lender maynot charge fees that are expressly prohibited bythis Security Instrument or by Applicable Loo, If the loan is Subject to a law which sets maximum loan 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 loan charge shall be reduced by the amount necessary to reduce the charge to rte perotitted limit; and (b) any sums NEBRASKA — Single I anlily— Flinnie Mile /Freddie Mac LINI FORM I NSTRUa1FNT Fona 3028 1 /01 rpnge v,(SFl4ees1 9]st(v tI 02) 1658517 (il l Is,'s, Iuh "