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200303181 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 losses. These agreements are on temss and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may req ire the mortgage insurer to make pa gents 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 purchaser of the note, another insurer, any reinsurer, any other entity, or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) aportion ofBorrower's pa entsfor Mortgage 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 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 herebyassignedto and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair Is economically feasible and Lender's security is not lessened. During such repair and restoration period, I ender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportum m inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection sha I be undertaken promptly. lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an 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. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to die sums secured by this Security Instrument, whether or not then due, with the excess, if my, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a 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, if my, paid to Burrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or Beater than the amountofdre sums secured by this Security Instrument immediately before the partial inking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured iimnedimelybeforethe partial taking, destruction, or loss in value divided by (b) the fair market value of the 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 of the Property in which the fair market value of the Property immediately before the Partial taking, destruction, or loss in value is leas than the amount of the sums secured immediately 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 not the suhns we then due. If the Property is abandoned by Borrower, or o otter notice by Lender to ,Brower that the Opposing Partyder defined 0 the next sentence) offers to make n, award is senor i claim to for damages, Borrower fails to respond a Lender within 30 days after the date the nonce is given, Lender is authorized to collect and apnstru Miscellaneous Proceeds either to "Opposing P ty repair of the Property a to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that awes Borrower Miscellaneous Proceeds or the party against whom 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 ofthe Property or other material impairment ofLender's interest in the Properly or rights under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provide din Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeihue of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The mo seeds ifany award or claim for damaees that are attributable to the impairment of Lender's interest in the Property are (hereby assiggnee and shall be paid to Iender. All Miscellaneous Proceeds that are not applied to restoration or repair of die Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender M Borrower or anySuccessnr in Interest of Borrower shall not operate AF release the liability of Borrower or any Successors in Interest of Borrower. I ender shall not be required to commence proceeding against any Successor in Interest of Borrower or m refuse to extend time for payment or otherwise modify amortization ofkthe 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 can third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovenantsandagrees that Borrower'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 "co-signer") (a) is co- signing this Security Instrument onlyto mortgage, grant Mid convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is notpersonal yobligmed to pay the SLIMS secured by this Security Instrument; and (e) 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 the Note without the co- signer's consent. Subject to the 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 Lender, 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 thisSecurity Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 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 tees. In regard many other 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 charging of such fee. Lender may not charge Ices that are expressly prohibited by this Security instrument or by Applicable Law. If the Ivan is subject to ll a law which sets maximum loan charges, and that law is finally interpreted so that the interest y such or other loan charges collected or to be collected in connection the the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the anhount necessary to reduce the charge to the permitted limit; and (b) any sums NEBRASKA — Single Family-- Finni¢ M.dFreddk Mae UNIFORM INSTRUMENT Form3028 trot (paye5af8pages) 9754CV(I102) 1667276 Go Rsl1(oftal)