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200200612 <br />Mortgage Insurers evaluate their total risk on all such insurance in force front time to lime, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses .'I hese agreements are on terms and conditions <br />Ihal are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />rcqutre the mortgage insurer to make payments' using any source of funds that the mortgage insurer may Lave available <br />(which may include fiends obtained fault Mortgage Insurance premiums). <br />As a result ofthese agm'eements, Lender, anypumhaser ofthe note, another insurer, any reinsurer, any other entity, <br />or affiliate of any ofthe foregoing may receive (directly or indirectly) amounts that dance tom (or might be characterized <br />as) a portion of Bon owe; s payments for Mortgagge Insurance, m exchange for sharing or rectifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share ofthe insurer's risk in exchange <br />for a share of the premiums paid to the insurer, the arrungernent is often termed "captive reinsurance" Further <br />(a) 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 act entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Ban rower has irony — 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 Proceeds are herebyasslgncd to and <br />shall be paid to Lender. <br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lender's scour; ty is not lessened. Dining such repay and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such <br />Proneme to Cast, c the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />work <br />y for the repairs and restoration in a single disbursement or in a senes of pmgress payments as the <br />ass an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Laurin shall not be required le pay Borrower any interest or earnings on such Miscellaneous <br />not repair is non economically feasible of Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ;(any, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided 1., ,0 Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to file sums secured by this Security Instrument, whether or not then due, with the excess, if any, 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 />ire the partial taking, destruction, or loss in value is equal too' greater than the mim mf of the suers <br />rsbm <br />'uent immediately before the partial taking, destruction, or less in ,glue, unless Borrower and <br />Lender otherwise agree in writing the sums secured by this Security Instument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fiaction: (a) the total amount ofthe sums secured immediately before the <br />partial taking, deformation, or loss in value divided by (b) the fair market value ofthe Property immediately before file partial <br />taking, dealt action, or loss in value. Any balance shall be paid to Borrower <br />In the event of a partial taking, destruct, on, or loss in value of lire Property m which the fair market value of the <br />Property immediately before the partial raking, dcstrimtion, or loss in value is le,s than the amount of the sans secured <br />immediately before file partial taking, destmc Iran, m' loss in value, unless Borrower and Lender other, Ise agree in writing <br />the W,ed lancme, Proceeds shall be applied to the sums secured by this Security Instrument whether or not if is suns are then <br />due. <br />If the Property is abandoned cla to by make all a Borrower, or o after nonce by lender to Borrower that the Opposing Partyder <br />defined in lire next sentence) oflbrs to make an award to stile a Beim for damages, limrowcr fails to respond to Lender <br />within 30 days flier the date the notice is given, Lender is anthorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Security hlslrimlent, whether m' 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 act on in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or ci . min al, is begun that, iu Lender's <br />judgment, could result in forfeiture ofthe Property or other material impairment oftznder's interest in the Property or rights <br />under this Security Instrument. Bon'ower can cure such a default and, ifacceho atiun has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in tell der'sj udgmenb precludes fbrtetnre <br />ofthe Properly or other mater; al impairment of Lenders interest in the Property or rights under this Security front Content, The <br />Fit oceeds of any award or claim for damages that me alit ibutable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to mson anon or repair ofthe Property shall be applied in the order <br />provided for in Section 2 <br />12. Borrower Not Released; Forbearance By Lender Not a Wainer. Extension ofthe time for payment or <br />modification ofamoctization ofthe sums secured bythis Security Inslmment granted bylOcc to Bon'ower ornny Successor <br />in Interest of Borrower shall not operate to release the liability of Bonowei or any Successors in Interest of Borrower <br />Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend <br />time for payment or otherwise modify amortization ofthe sums secured by this Security Insil ament by reason ofany demand <br />made bythe original Borrower or any Successors in Interest ofBonower. Anyforbcmance by Lender in exercising mvnght <br />or remedy including, without limitation, lender's acceptance of peyrnenns from thud persons, entities or Successors in <br />Interest of Borrower m in <br />amounts less than the amount then due, shall not be a waiver Cron preclude the exercise ofany right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants audagrees <br />that Borrowers obligations and liability shall be joint and several. However, any Borrower who co -signs this Security <br />Instrument but does not execute file Note (a "co-signer')'. (a) is co- signing this Security Instrument only to mortgage: grant <br />and convey the co- signer's interest in <br />to pay the sums secured by this Secur <br />modify, forbear or make any accunnn <br />Signor s consent. <br />Subject to the provisions of <br />under this Security Instrument in writ <br />this Security Instrument. Hot rower <br />Instrument an less Lender agrees to sr <br />beed (except as provided in Section' <br />14. Loan Charges. Lend <br />default. for the purpose off, co.ting <br />Lender may oaf <br />Centers Cirrus SCemlry mm <br />ogrevs that lznder and as <br />r the terms oftloS Security <br />co- <br />ion 18, any Successor in Interest of Burrower who assumes Borrower's obligations <br />and is approved by Lender, shall obtain all of Borrowers rights and benefits under <br />i not be released from Borrower's obligations and liability under this Security <br />elease in writing. The Covenants and agreements ofthis Security Instrument shall <br />and benefit the successors and assigns of Tender. <br />ray charge Borrower fees for services performed in connection with Burrower's <br />der', interest in the Property and rights under this Security Instrument, including, <br />y inspection and valuation fees. In regard to any other fees, the absence ofeCtor <br />;hinge a specific fee to lion'ower shall not be construed as a to on the <br />rge fees that are expressly prole In red by this Sew rity hlsaument or by App licab lc <br />aw If file Loan is subject to a law which sets maximum loan charges, and that law is finally in tat prated so that the <br />er <br />interest or oth loan changes collected or to be Collected in Connection worth the Loan exceed the per re, limits, then. (a) <br />any such loan charge shall be reduced by the amount nemssol) to reduce the charge to the pernti tied Ime t, and (b) any sums <br />NFRRASKA— Single frarry Fannie Mae /FrNJie Mar CNIFORM INSTRUNItNT For in tlol(pn,ee 5 of8pogas) <br />9],JCV(ru) GI [402 <br />I, I 6adll <br />