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200304998 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 hmms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may regwire the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser ofthe note, another insurer, myreinsurer, any other entity, or affiliate of my of die foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Irate agreement provided that an affiliate offender 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: (b) 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 areherebyassiymeituand shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if the restoration or repair Is economically feasible and tender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportumTyto inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall) be undertaken promptly. Lender maypay fur the repairs and restoration in a single disbursement or in a series of progress payments as the work is compleed. Unless an agreement is made in writing or Applicable law requires interest to be paid on such Miscellaneous Froceeds, Lander shall no[ be required to pay Boffower any interest or earnings on such Miscellaneous Proceeds. If[he restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if my, P 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 any, paid to Borrower. In the event of a partial taking, desnuctioq or lass in value of the Property in which the fair market value of the Property immediately before the partial taking dest ruction, or loss in value is equal to or greater than the amountofthe sums secured by this Secunty Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and I ender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount of the ung, destructlo6,orlossmvaluedlvmeoo (o) meret rmarxervameolmerropertyhmmemaretyoeioreurc u para, struction, or loss in value. Any balances all 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 immediatelyy before the partial taking, destruction, or loss in value is less than the amount ofthe sums secured ely before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, dlaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or notthe sums we then If the Property is abandoned by Borrower, or if, after notice by Lender to 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, Lender is authorived in 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 Par[)" means the third party that owes 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 mment. Borrower can cure such a the action or Proceeding to be dism not applied to restoration or repair ofthe Properly shall be applied in the order 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 bylenderto Borrower or any Successor 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 proceedinggs against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising my nor or remedy including, without limitation, Lender's acceptance of payments Bum 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 my right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrowercovenantearnciagrees 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 Instmment onlyto mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is notpersonallyobligaled to pay the sums scoured 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 tot he 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 this Security Instrument unless lender agrees to such release in writing. The covenants and agreements ofthis 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 ices. In regard to anyother fees, the absence ofexpress authority in this Security instrument to char ge a specific fee to Borrower shall not be construed as a prohibition on the chargingofsuchtee. 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 to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums NEBRASKA - Single Family- Fannie Mae/Freadie. Mac UNIFORM INSTRIIMENT Form3038 1/01 fpuge5 f8p.ges) 9954CV(11112) 1689679 GOTG(00040M)