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200304644 <br />Mort gage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other patties that share or modify their risk, or reduce losses. These agreements are on semis andconditions <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 />Asa result ofthese agreements, Lender, any urchaser ofthe note, another insurer, myremsureq any other entity, <br />or <br />foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />er's pa ents for Mortgagge Insurance, in exchange for sharing or modifying the mortgage insurer's <br />If such agreement provided that an affiliate of Under takes a share ofthe insurer's risk mexchange <br />was paid to the insurer, the arrangement is often termed "captive reinsurance. Further: <br />agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />er terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />and they will not entitle Borrower to any refund. <br />i 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 re <br />Insurance terminated automath <br />unearned at the time of such car <br />11. Assignment of Misr <br />shall be paid to lender. <br />Ifthe Property is damager <br />the restoration or repair Is econom <br />period, Lender shall have the right I <br />Property to ensure the work has be, <br />promptly. Lender maypayforther <br />work is completed. Unless an aj <br />Miscellaneous Proceeds, Lender s <br />Proceeds. Ifthe restoration or repa <br />Proceeds shall be applied to the sn <br />paid to Borrower. Such Miscellan <br />In the event of a total tak <br />applied to the sums secured by this <br />In the event of a partial to <br />e, to have the Mortgage <br />nee premiums that were <br />All Miscellaneous Proceeds are herebywsignedto and <br />i Miscellaneous Proceeds shall be applied to restoration <br />feasible and Lenders security is not lessened During s <br />to be paid on such <br />not be required to pay Borrower any Interest or earnings on such Miscellaneous <br />not economically feasible or Lender's security would be lessened, the Miscellaneous <br />ecured by this Security Instrument, whether or not then due, with the excess, ifany, <br />Proceeds shall be applied in the order provided for in Section 2. <br />destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be <br />urity Instrument, whether or not then due, with the excess, ifany, paid to Borrower. <br />;, destruction, or loss in value ofthe Property in which the fair market value ofthe <br />taking, destruction, or loss in value is equal to or greater than the amount ofthe sums <br />ie flidely before the partial taking, destruction, or loss in value, unless Borrower act <br />sums secured by this Security Instrument shall be reduced by the amount ofthe <br />he following fraction: (a) thermal amount ofthe sums secured immediatelybefone the <br />taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of 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 are 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 darrhZi, Borrower fails to respond to Lender <br />within 30 days after the date the nonce is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair ofthe 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 />iudement, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights <br />is interest in the Property or rights under this Security Instrument The <br />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 ofthe Property shall be applied in the order <br />provided for in Section 2. <br />12. Burrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for pa ent or <br />modification ofamortization ofthe sums secured by this Security Instrument granted by (ender to Bonoweror any Successor <br />in Interest of Borrower shall not operate to release die liability of Borrower or any Successors in Interest of Borrower. <br />Lender shall not be required to commence proceeding against any Successor in Interest ofBorrower or to refuse to extend <br />time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason ofanydemand <br />made bythe original Borrower or any Successors in Interest ofBorrower. Any forbearance by Lender in exercising my right <br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest ofBorrower or in <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise ofany 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 />Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant <br />and convey the co -signer's interest in the Property under the terms ofthis Security Instrument (b) is not personal lyobligated <br />to pay the sums secured by this Security Instrument and (c) agrees that lender and any other Borrower can agree to extend, <br />modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Note without the co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest ofBorrower who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBonower'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 lender agrees to such 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 Properly 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 ofexpress <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />chargingofsuchfee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />Ifthe Loan is Subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest n other loan charges collected or to be collected in connection with the Ivan 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 MaeFreddie Mae UNIFORM INSTRUMENT Farm 3028 U01 /pnge5 fApagee) <br />9]54.CV(1N2) 1678853 <br />n1YI0(000101w) <br />