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200200742 <br />Mortgage Insurers evaluate their total risk on all such insurance in force Rom lime to lime, and may enter into <br />agreemcnls with other patties that share or modify their risk, or reduce losses. l'hesc agreements are on remiss, d conditions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available <br />(which may include funds obtained tram Mortgage Insurance premiums). <br />As a result oflhese agreements, Lender any purchaser ofthe note, another Insurer, any mmsurer, any other entity, <br />or affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive front (or might he characteu aed <br />as) a portion ufBorrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses- Ifsuch agreement provided that an affiliate at'I ender takes a share of the insurer's rink in exchange <br />for a share ofthc premiums paid to the insurer the arrangement is often learned "captive reinsurance." I orther. <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 narrower will owe for <br />Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has — if any — 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 him toace, to have the Mortgage <br />Insurance terminated automatically, and/or to receive a calif nit of any Mot isge Insurance premiums that were <br />unearned at the time of such cancellation or ter. familiar. <br />I1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous PrraeeJs ue herebyassigned In and <br />shall be paid to Lender. <br />Iftho Property is dannaged, such Miscellaneous Proceeds shall be app tied to restoration or repo it of the Property, if <br />the restoration or repair is economically femi hie and Lender's security is not lessened. During such repair and restoration <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportund toinspecteach <br />Property to ensure the work has been cnmpletcd to Lender's satisfaction, pmvlded that such inspection shit f, be undertaken <br />promptly. Lender may pay for the iepalrsand restoration in a single disbursement or in a series ofprogr'ess payments as the <br />work is completed. Unless an agreement is made in writing or Applicable Law Iegatess urterest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to psy Borrower any interest or earnings on such Miscellaneous <br />Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to tine sun,- seemed by this Security last, mocnl, whether or not then due, with the excess, if any, <br />paid to Borrower_ Such Miscellaneous Proceeds shut] be applied in the order provided for in Section 2. <br />In the event ofa total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shat be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower. <br />In the event ofa partial taking, destruction, or loss is value ofthe Property in which the fair, milker value ofthe <br />Property immediately before the partial taking destruction, or loss in value is equal to or greater than theantountofthe sums <br />secured by 1111.1 Security lash 'unnent Inanediate]y before the partial taking, destruction, or loss in value, unless' Borrower and <br />Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount ofthe <br />M i Seel l ancuus Proceeds multiplied by the following fraction (a) the land amount ofthe sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value uflhe Properly named Moody before the partial <br />taking, destruction, or loss in value Any balance Shall be paid to Borrower. <br />In the event ofa partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property immediately heroic the Partial taking, destruction, or loss in value is less than tine amount of the sums secured <br />nunediately before the partial taking, destruction, or loss' in value, unless Borrower and Lender olherw ise agree in writing, <br />the Miscel]aneous Proceeds shall be applied to the sums secured by this Security Instrument whether or rat the %nine are then <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Burrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the Jute the notice is given, Lender is autlmriv,ed to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or nut then due. <br />"Opposing Party" means the third party [list owes Borrower Mistellaneeus Proceeds orlhe party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. _ <br />Borrower shall be in default if any action or procceding, whether civil or criminal, is begun that, m Lender's <br />judgment, could result in forfeiture ofthe Property or other material impairment afLender's interest in the Property or rights <br />ender this Security Instrument. Borrower can cure such a default am], ifaccelention has occurred, reinstate as provided in <br />Section ]9, by ean¢ing the action or proceeding to be dismissed with a ruling that, in Lcndei sjudgment, pradudes forfeiture <br />ofthe Properlyor other material innpmnnenl ofLender's interest in the Property or rights under this Security Instrnincnt. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall he paid to Lender. <br />All Miscellaneous Proceeds that ,,,,at applied to restoration or repair of Properly site][ be applied in the order <br />provided for in Scdion 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or <br />modification ofamothad on ofthe sums secured by this Security Instrument granted by 1 ender to Borrower' or any Successor <br />in Interest of Borrower shall not operate to release the liability of Im rower 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 Instrument by reason ofany demand <br />made by the original Ilorrower or any Successors in Interest ofBon'ower. Any finbcuance by Lender in exercising any right <br />or remedy ioc]uding without limitation, Lender's acceptance of payments from third persons, entities or Succcssurs in <br />Interest of Borrower or in <br />amounts less than the amount then due, shall not be a waiver ofor preclude the exercise ofully right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Bonowercovenousmldagrees <br />that Borrower's obligations and liability shall be joint and several. However, any Borrower w'ho co-signs this Security <br />Instrument but does not execute the Note (a "co- signer" ): (a) is eo- signing this Security Instrument only to nnorlgage, grant <br />and convey the co- signer's interest in the Property trader the harms fthis Security Instrument; (b) is not personally ubligated <br />to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Bon ewer can agree to extend, <br />uradify, forhear or make any accommodations with regard to the terms nfthis Security Instrument or We Note without the co- <br />signer's consent. <br />Subject to the provisions ofSectr. on 18 any Successor in Interest of Borrower who assumes Borrower's obligations <br />under Wes Security Instrument in ,riling, and is approved by Lender, shall obtain all of Borrower's rights and bearchts under <br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security <br />Instrument unless Lender agrees to such release in writing. The covenants and agreemcnls of this Security Instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns off ender. <br />14. Loan Charges. lender may charge Borrower fees for services performed in connection with Borrower's <br />default, for the purpose of protecting Lender's interest in the Property and tights under Ihis Secnr ity lasavmcnl, including, <br />but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other' foes, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall nut be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited bythiS stern ily Instrument orby Applicable <br />Law. <br />If the Loan is subject to a haw which sets texiinun loan charges, and that law is tine finally <br />permitted interpreted so that the <br />interest or Whet loan chargesreduced[ or lobe collected in cy to re on wnh the Loan the per the permitted limits, then. (o) <br />any such loon charge shall be educed by the amount necessary to reduce the charge N the perruitted limit; Sall (b) any sums <br />N2LRASKA,gicle Pumily— Fannie Mae /Freddie Mat UNIFORM INSTRUMHN'f For 3025 to h,age 5 0J pa3e,1 <br />9751 CV 121011 GIIJ65 <br />(o rtaaa 16403) <br />