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200200982 Mortgage Insurers evalunn' [bete total risk on all such insurance in fusee from time to time, and may enter into agreements withother partiesthatshare urmodify their risk, or reduce loss" Abase agreements are entailment] conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require 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 ofthese a &regiments, Lendeq any purchaser oftlte nose, another insurer, any rcrosureq mry other entity, or affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized as)aportion ofBorrower's pa ants for Agape insurer's risk, or reducing losses. Ifsuch agreement provided that an affiliate ofLcnder takes a share ofthe insurer's risk in exchange fora share ofthe premiums paid to the insurer, the arrangement is often mrnwd "captive rcinsurnnce:' Further: (a) Any such agreements will not .Beet the amounts Ihat Borrower has agreed to pay for Mortgage er . Insurance, or any other tm of the Loa.. Such agreements will ant increase the amount Borrower will owe for Mortgage assurance, and they will not entitle Borrower to coy refund. (b) By such agreements will cot affect the rights Borrower has —i(eny —with respect m the Mortgage Insurance under the Rameaw.era Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosure., to request suit obtain ca.celbflon of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were ....road al the time attract, cancellation or termination. 11. Assignment ofMiscellaoeous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and Shall be paid to Lender. Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if the restoration or repair is economically feasible and Lender'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 opportunity to inspect such Propert y In ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken prmnpt y. Lender may ppay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is wmpleted. Utdess an agreement is made to writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay 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 by this Security Instrument, whether or not then due, with the excess, ifany, paid to Bell cover. Such Miscellaneous All shall be applied in the order provided for in Section 2. In the event ofa 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, ifany, paid to Borrower. In the event ofa partial takin�, destruction, or lass in value of the Property in which the fair market value uRhe Property immediately before the partin taking destruction, or loss in value is equal to or greater than the amount ofthe sums secured by this Security Instrument immediately befurethe partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the slims secured by this Security Instrument shall be reduced by the amount ofthe Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower In the event ofa 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 ofthe sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Poneceds shall be applied to the sums secured by this Security Instrument whether or notthe sums are then due. Ifthe Property is abandoned by Burrower, or if, after notice by Lender to Borrower that the Opposing Partyder defined 0 the next she date et offers to make n, award is settle i claim for damages, Borrower fails to respond to Lender torester days or repair of the Property given, Lender is authorized rocs Ileaur ap Miscellaneous Proceeds tthen due, notice la restoration or repair t the Property a to the sums secut Mis byy' this Security Instrument, or the r whether or not then due. "Opposing Party" means [Ire third party that owes Borrower Misuellnneous Proceeds or the party against whom Borrower has a right ofaetion in regard to Miscellaneous Proceeds. Burrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's jud ment, could result in forfeiture ofthe Property orother material impainneatofLeaders interest in the Propertyurrights under this Security Instrument. borrower call cure such a default and, ifaeceleralion has occurred, reinstate es provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture ofthe Property ca material impairment of Lender's interest in the Pruperty or rights under this Security Instrument. The proceeds ufany award or claim for damages that are attributable to the impairment offender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are nor 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 ofanortization ofthe slims secured by this Security Instrument granted by I.cndcr to 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 of the sums secured by this Security Instrument by reason ufany demand made by the original Borrower or any Successors in Interest ofBorrower. Any forbearance by Lender in exemismgany right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not he a waiver ofor preclude the exercise or 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 bejuinl 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 instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Insnvment; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns ofthis Security Instrument or die Note wuhoulthe 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, acid 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 Instmment 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 die successors and assigns of Lender. 14. Loa. Charges. Lender may charge harrower fees Cur services performed in connection wiW Borrower's default, for the purpose ofpro .cling Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properly 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 shut] not be construed as a prohibition on the charging ofsuch fee. Lender may not charge fen that are expressly prohibited by this Security Instrument or by Applicable Law. Ifthe Loan is subject to collected a ed which sets maximum loan charges, and that law is the permitted interpreted so that die interest l other loan charges reduced nrhe beo collected in necessary to reduce with the Lo an Exceed heed (tilted and drys:ms any such loan charge shall be reduced bytha amount nceessary to reduce the charge to the permitted limit; and (b) any sums NEBRASKA —Sin6k 14t' nil}'-- Rauote filar /FrNJlr Mae UNIFORM INSTRIIMEN't' rores"Is INi G)ageS J8P "g "1) 9754 CV(Lel) G11907 11011S0MIS -8l