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200304989 Mort gage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into xgrcemen,a with other patties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or patties) to these agreements. These agreements may require the mortgage insurer to make payments using any source otfunds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity, oraffiliateofmy of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion ofBorrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Ifsuc agreementprnvl ed that an affiliate of Lender takes a share ofthe 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. (h) 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 Proceedsareherebyzssigmed Wand shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair oftheProperty, if the restoration or repair 1s economically feasible and Lender's seeurity is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall 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. Gander shall not be required be any Borrower any interest or earnings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Izader's security would be lessened, the Miseellancous Proceeds shall he applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, 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 ofthe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe Property immediately before the partial taking destruction, or loss in value is equal to or greater than the mount sums secured by this Security Instrument immediately before the partial taking, destruct ion, 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 ofthe partial taking, destruction, or loss in value divided %(b) the fair market value of the Property immediately before me 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 ofthe Property in which the fair market value ofthe Property immediately before the partial taking, destruction, or loss in value is less that the amount of the sums secured immedately 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 sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender W 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 lender within 30 days after the date the notice is given, Iender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third p that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right ofaction in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceedin(, whether civil or criminal, is begun that, in lender's judgment, could result in forfeiture ofthe Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. Borrower can cure such a default and,If acceleration has occurred, reinstate as provldedm Section 19, by causing the action or proceedingg to be dismissed with a ruling that, in Lender'sjudgment, precludes forfeiture ofthe Property or other material impairment Wender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable W the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied W restoration or repair ofthe Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or modification ofamortization ofthe sums secured by this Security Instrument granted by Lender to Borrower oranySuccessor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceeding against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortisation ofthe sums secured by this Security Instrument by reason ofanydemand made by the original Borrower or any Successors in Interest of Borrower. An forbearance by Lender in exercising my right or remedy including, without limitation, Lender's acceptance of payments from 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. Borrowercovenantsmalagrees that Borrower's obligations and liability shall bejoint 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 only W mortgage, grant and convey die co- signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personal yobligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Now without the co- signer's consent. under this Security Instrument in writ this Security Instrument Borrower 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 ofin-mecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited W, attorneys' fees, property inspection and valuation fees. In regard to anyother 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 chargingofsuchfee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. 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 W be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced bythe amount necessary W reduce the charge to the permitted limit; and (b) any sums NFBHASKA- Sin81e Famly- Fannie M.OFreddie Mee UNIFORM INSTRUMENT Farm3028 Ism (page5of8pag.) 9154 CV (1/02) 1686658 GOTO(0004d d)