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200305520 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 lasses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may regire the mortgage insurer to make payments using any source o funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, anyppurchaser of the note, another insurer, anyreinsmer, any other entity, or affiliate of anyy of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion ofBortower's pa ants for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Ifsuch agreement provided that an affiliate of Lender takes a share ofthe insurer's risk to exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (h) 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 are herebyassigned an and shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair ofthe Property, if the restoration or remor is economically feasible and Lender's security is not lessened. During such repair and restoration Prope to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender maypay forthe repairs and resmra[ion in asingle disbursement or in a series ofprogress 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, Lender shall not be required m pa Borrower any interest or earnings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured bythis Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such Mlscellancous Proceeds shall be applied in the order provided for in Section 2. In [he event of a total taking, destuction, or loss m 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, ifany, paid to Borrower. In [he event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe Properrttyy Immediately before the partial taking, destruc[iuq or loss in value is equal to or greater than the me= ofthe sums securedby [his Security Instrument immediately before the Dartiat taking, destruct ion, or loss in value, unless Borrower and Lender otherwise agree m wrihng, the sums secured by this Security InsWment shall be reduced by the meant ofthe Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediatelybelmethe partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Property immediatelybe fore the 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 than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be son tied to the sums secured by this Security Instrument whether or not the 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 m make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the dace the notice is given, lender is authorized to collect and applythe 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 Parrty" means the third parry that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in regard to Miscellaneous Proceeds. under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as Provided in Section 19, by causing the action or proceedin66r to be dismissed with a ruling that, in Lender'sjudgmem, Precludes forfeiture ofthe Property or other material impairment Neat er's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby asstyycoed and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to 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 of amortization ofthe sums secured by this Security Instrument granted byl.enderto Borrower or at�ySuccessor 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 ofBorrower or to refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason ofany demand made by the original Borrower or any Successors in Interest ofBorrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors In Interest ofBorrower or in mnounts 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; Cu-signers; Successors and Assigns Bound. Bramwercovenantsandagrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co- sigmer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personal lyobligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, much fy, forbear or make any accommodations with regard to the terms ofthis Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest ofBorrower whoassumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all ofBorrower'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 ofprotecting Lender's interest in the Property mid rights under this Security Instrument, including, but net limited to, attorneys' fees, property inspection and valuation fees. In regard to any other 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 charging ofsuch fee. lender may not charge fees that are expressly prohibited bythis Security Instrument or by Applicable Law. Ifthe 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 Fantlly- Flanie Mae /FnWdie Mae UNIFORM INSTRUMENT Form3028 I/01 fpaga5aJ8pag.) 9754 CV 1480821 GOUX00W .)