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200200738 Mortgage Insurers evaluate their total risk oa III such insurance in torn, bom time to time, and may enter into agrcements with other parties that share or modifytheir risk, or reduce losses. These agreements are on terns cold conditions that are satisfactory to the mortgage insurer and the other party (or rattles) to these agreements. These agreements may require the mortgage insurer to make payments using any source a funds that the mortgage insurer may have available (which may include funds obtained hour Mortgage Insurance premiums). As a result ofthese agreements, Lender, any purchaser ofthe note, another Insurer, anyocinsurer, any other entity, or affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be clhanctenzed as) a pother of Borrower's pas is for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a sham, Offal 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 t l any refund. (b) u w Any sit agreements will not affect the rights Borroer 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 ob lain cancellation of the Mortgage Insurance, to have the Mortgage I as a ranee terminated aulurratically, and /or la receive a refund of any Mortgage Insurance premiums that were unearned at the it me of such cancellation or tryout anon. 11. Assignment ofM hand laneuus P roceeds; Forfeitu re. All Miscellaneous Proceeds are hereby assumed to and shall be paid to Lender. _ if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repmr of the Property, if the restoration or repair is economically feasible and Leader's security is not Ice tnled. 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 forthe repairs and restoration in a single 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 to pay Borrower any interest of earnings on such Miscellaneous Proceeds- If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured b., this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event ofa 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, if any, paid to Borrower. In the event ofa partial taking, destruction, or loss in value ofthe Property to which the fair market value of the Property immediately before the partial taking, destruction, ar loss in value is equal to or greater than the amommofthe sums sums secured the Miscellaneous Proceeds multiplied by the Im Ill.mg traction: (a/ the rotor amoum m me sours secure- mangy -r -.ay wmru n,v partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Properly immediately beforelhepartial taking, destruction, or loss in value Any balance s roll be paid to Borrower. In the event ofa partial taking, destnction, or loss m value ofthe Property in which the fair market value ofthe Propel Ty immediately before the partial taking, destruction, or loss in value is less than the amount ofthe sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Iznder otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instument whether ornotthe sums arc then due. Ifir e Property is abandoned by Borrower, or o after notice by Lender to Borrower that the Opposing Partyder within 0 ay next sentence) e offers note to sake n, award to settle authorized claim fur damages, ly the Misfails to respond to Lender to res or days after the date the Prope t given, Lender is steel b to his Set and apply the Miscellaneous Proceeds either to pposiiiig P er repair of the rd Property a to the sums' secoreA by this Security s or then party whether agains or not then due. "Opposing Party" means the third party that owes ISOrtower Miscel aneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. inrower shall be in default Many action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of die Property or other materiel impairment of Lender's interest in the Propertyorngles under this Security Instrument Borrower ca cure such n a default and, Ifacceleratum has occurred, reinstate a ovided in Section 19, by causing the action or proceeding to he dismissed with a ruling that, in Lender's judgment, Pnelullell (otfeiNre of the Property or other material impairment of Lender's interest in the Property or rights underthns 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 assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restriction or repair of tire Property shall he applied in the order provided for in Section 2 _ 12. Borrower Not Released; forbearance By Lender Not a Waiver. Lxtension ofthe time for payment or mudif cation ofarm rtization of the sums secured by (his Security Instrument granted by Leaderto 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 requited to commence proceedings 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 histrument by reason of anydermnd made by the original Borrower or any Successors in Intel st of Borrower Any forbearance by Lender in exercising any right or remedy including, without limitation, Leader's acceptance of payments Goer third persons, entities or Sureassnrsm Interest of Borrower or is 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. Borrower covenants and agrees 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-signer"): (a) is co-signing this Security Insh unrest onlyto mortgage, grant and convey the co- signer's interest in the Property under the terms ofthis Security Instrument' (h) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, Rabaul or make any accommodations with regard to the terms ofthis Security Insh'usent or the Note without the co- signer's consent. .Subject to the provisim s of Section 18, any Successor in lnlerest of Borrower who assumes Borrower's ubhgations this Security Instrument. Borrower shall not be released -from [ion'ower'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 as's'igns of Iznder. 14. Loan Charges. Leader may charge Burrower fees for services performed in connection with Borrower's default, for the purpose ofpmbleting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence ofexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender umynot charge fees that are expressly prohibited bythis Security lnsu'nment ur by Applicable Law. If the Loan Is subject to a low which sets cted i n o loan charges, and that law is the pr interpreted so that the interest or other loan shall b Charges collected orhe be collected in connection with the Loan exceed the permiRal limits, them (u) any such loan charge shall be induced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums NEnRASKA-- Single PUmily— Faimte Mae /Freddie Mac UN I FORM INSTRUM ENT Funn3028 1101 aragr SofSprsu) olll cC (Ii01) CIU16 rOTO(noalSr a)