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200303502 <br />Mortgage Insurers ev¢lnow 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 />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />Is) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms 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 />(h) 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 Prows&ueherebyassignedmand <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it <br />the restoration or repair is economically feasible and Lender's security Is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />rope to ensure the work has been completed to fender's satisfaction, provided that such inspection shall) be undertaken <br />promptly. lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such <br />not <br />on <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if my, 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 />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 />Immedlatcly 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 notthe scans are then <br />due. <br />If the Property is abandoned by Borrower, or it; after notice by lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to scale a claim fair damages, Borrower fails to respond to Lender <br />within 30 days after the date the notice is given, lender is authorized to collect an d 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 proceedin 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 Propertyor rights <br />under this Security Instrument. Borrower can cure such a de6ult and, if acceleration has occurred, reinstate as provided in <br />of the Property or other material impairment of lender's interest in the Property or rights under this Security Instrument. The <br />Rrocceds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />ereby assigned 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 ofthe sums secured by this Security Instrument granted by Lendcr to Borrower ra 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 to commence proceedinggs against any Successor in Interest of Borrower or to refuse to extend <br />Urn for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason of any demand <br />made bythe original Borrower or any Successors in Interest of Borrower. An forbearance by Lender in exercising any right <br />or remedy including without limitation, Lender's acceptance of payments Itom third persons, entities or Successors in <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 any right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Bormwercovenantsandagrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest ofBorrower who assumes Borrower's obligation.; <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBorrower's rights and benefits under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lander agreestosuch release in writing The covenants and agreements ofthis Security Instrument shall <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 ofprotecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited to, attorneys' fees, property inspection and valuation tees. In regard to any other fees, the absence ofexpress <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging ofsuch fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the Loan 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 collecmd in connection with the loan exceed the permitted limits, there (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns <br />NEBRASKA Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 IMI (pa8e5uf8puyei) <br />9754,CV(1/02) 1673039 <br />GOTO(0004989d) <br />