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200303342 <br />Mortgage Insurers eval -a 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 />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />regire the mortgage insurer to make payments using any source a funds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, anyreinsureq any other entity, <br />or affiliate ofany ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. Ifsuc agreement provided that an affiliate of Lander takes a share ofthe insurer's risk In exchange <br />for a share of the premiums paid to the insurer, the arrangement 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 terns of the 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 — if any —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 of the 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 />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds areherebyassignedmand <br />shall be paid to Lender. <br />Property to ensure the work has been completed to Lender <br />promptly. Lender may pay for the repairs and restoration i. <br />work Is completed. Unless an agreement is made in w <br />Miscellaneous Proceeds, Lender shall not be required to <br />Proceeds. If the restoration or repair is not economically fi <br />Proceeds shall be applied to the sums secured by this Sect <br />paid to Borrower. Such Miscellaneous Proceeds shall be <br />In the event of a total taking, destruction, or los <br />applied to the sums secured by this Security Instrument, w <br />In the event of a martial takine. destruction or Ir <br />or repair ofthe Property, if <br />uch repair and restoration <br />shall be undertaken <br />'ess payments as the <br />to be paid on such <br />orrower any Interest or earnings on <br />or lender's securiNwould be lessen <br />Wnetner or not men due, with the excess, It any, <br />der provided for in Section 2. <br />Property, the Miscellaneous Proceeds shall be <br />a due, with the excess, if my, paid to Borrower. <br />e Property in which the Fair market value of the <br />is equal to or greater than the amount ofthe sums <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured fmmediatelybelore the <br />partial taking, destruction, or loss in value divided by(b) the fair market value of the Property immediately before the partial <br />taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately before the Partial taking, destruction, or loss in value is less than the amount of the 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 sums secured by this Security Instrument whether or not the sums we then <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights <br />underthis Security instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate as providedm <br />Section 19, by causing the action or proceedingg to be dismissed with a ruling t hat, in Lender'sjudgment, precludes forfeiture <br />of the Property or other material impairment Wonder's interest in the Property or rights under this Security Instrument, The <br />proceeds of my award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assiggned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12. Borrower 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 byLenderto Borrower 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 m commence proceedings against any Successor in Interest of Borrower or to refuse to extend <br />or remedy Including, without limitation, Lender's acceptance of payments from third persons, entities or Successors <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 my right or remedy. <br />13. Joint and Several Liability, Co- signers; Successors and Assigns Bound. Borrower covenants and ago <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Secur <br />Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security Instrument only to mortgage, gri <br />and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personallyobligal <br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extel <br />modify, forbear or make any accommodations with regard tot he terms of this Security Instrument or the Note without the, <br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shaft <br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender. <br />14. 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 any other fees, the absence of express <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 fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the Luau is subject to a 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 collected in connection with the Loan exceed the permitted limits, then: (a) <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 Family — Fannie MadFreddie Mac UNIFORM INSTRUMENT Form3028 1/01 (page5of8pages) <br />9754.CV(1/61) 1668441 <br />