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200205741 <br />Mortgage Insurers cvulnote their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their I'isk, or reduce losses. These agreements are On Icons and conditions <br />that are satisfactory to the mortgage insumr and Life 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 reds ohwincd from Mot rt gage Insurance premioms). <br />As a result of these agreements, Lender, any purchaser of the note, another insumr, any reinsit any Other entity, <br />or affi lice of any of the IbregIIns, may 1 cleive (directl) or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Bonowel''s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, cr redudng losses. Ifeuch agreenncul provided dial an affiliate of Lender takes a share of the insurer's risk in exchange <br />for a share of the premiums Tend to the insurer, the arrangement is Often termed "captive reinsurance." Further: <br />(a) Any such agreentenfs will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or arty other terms of the Loan. Such agreements will not increase the amount Borrower 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 Mortggage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the rig it to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminate,] automatically, and /or to recene a refund of any Mortgage Insurance premiums that were <br />unearned at ]lie time of such cancellation or termination. <br />11. Assignment of M isrellaneous Proceeds; Forfeiture. All Miscellaneous Pnx;ceds arc hereby assigned to and <br />shall be paid to LAUde1 <br />If the Property s damaged such Miseellmcvms Proceeds shall be applied to restoration or repair orlhe Property, if <br />the re,tomtiun or repair is economically feasible and Lender's security is not lessened- During such repair and restoration <br />period, Lender shall hove the right to hold such Mr, clluncnus Pnsceds until Yoder has had an opportunity In inspect such <br />Property to ensure the wits k Ions bcen completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly, Lender may pay for the rcuhsand restoration in a single disbursement or in a series olprogress payment., as the <br />work is completed I Inless un ugrCCntenl is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Pna-ec(li. Lendei shall not he required to pay Borrower any, interest or earnings on such Miscellaneous <br />Proceeds. If the restoration of rcpuia is not ceonumtcal ly feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums cent ed by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower Such Misccllan sus Proceeds shall be applied in the order provided but in Section 2. <br />In the c,cnt of a lewd taking, resntifcuou, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums sccumel by this Security Inshunmlt, whether of not then due, with the excess, if any, paid to Borrower. <br />In the event of a Tanial taking, drstruction, or loss in value of the Property in which the fair market value of the <br />Property immediately btlbre file partial taking, destruction, or loss in value is equal to or greater than the amounlofthesums <br />secured by this Se noty losutmm nt immediately before the )arlial talon, destruction, or loss in value, unless Borrowerand <br />Lender othcrwns tgr c in wnIIaz, the suit s secured by tits Securityinstrument shall be reduced by the amount of the <br />Miscellaneous Paocced5 mudGplied by the tollowtng traction: (a) the total amount of the sums secured immediately before the <br />partial taking, dearuction, or Tess in vuluc on valid by (b) the fair market value of the Property immediately before the partial <br />caking, destruction of 1011irldlic. Any balance shall be paid to Borrower. <br />In the event ff a parll i tram', dcsuuctiue, Or loss in value of the Property in which the fair market value of the <br />Property inunedi'lely before the partial taking, destruction, or loss in value is less than the amount of the sums secured <br />immediately hefom the pai tial taking, tfesn'uctum, nr less in value, unless Borrower and Lender otherwise agree in writing, <br />the Misccllaneuus Proceeds shall he applied to the sums secured by this Security Instrument whetheror not the sums are then <br />due. <br />If the Rupcn ty is .tbundOned by Borrower, or if, utter notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) oflei s to make un iremil lu settle a claim for damages, Burrower fails to respond to trader <br />within 30 days after the date the notice is gi car. Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair of the Property Or to th n re <br />e ,ms secured by this Security Instrument, whether Or not then due. <br />"Opposing Party" means the third party that owes pot rower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in rcmnl m Ivl3cd luncous Poxxoh. <br />Borrowcr .shall he iu default if any action or piocceding. whether civil or criminal, is begun that, in Lender's <br />judgment, could result in tortcinvc of the Pmpcny ur other material tmpaimemlufLender's interest in the Property or rights <br />under lhrs Security Instrument. Borrower Can cure Such a default and it acceleration has occurred, reinstate as provided in <br />Section 19, by causing (he action or proceeding, to be dismissed with a ruling that, in Isa der'sjudbnnunt. precludes furfci]um <br />of the Properly or uthcr rose, al impairment of Lender's Interest in the Property or rights underthis Security Instrument The <br />proceeds of rimy award or claim our damages that in c an da table to the impairment ofl rnder's interest in the Property are <br />hereby assigned and Shull be paid to Lender. <br />All M31cl la11cOon, Proceeds (hill Lite not app lied m mstnn'ation or repair oftho Property shall he applied in the order <br />provided fur in Secltun 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />mofificalum ufllmurlization of Lite sums seemed by dais Serena) Instrument granted byLender mBonoweror arty Successor <br />In Intziest of Pot I seer shall not opa'ute to mlea9c the anhility of Borrower or any Successors in Interest of Borrower. <br />lender shall not he required (o commence ploceedins, u most all y Successor in interest of Borrower or to refuse to extend <br />time t'or payment Or otherwise moth ty amortization of fie sums secured by this Security Instrument by reason ofanydemand <br />made by the original Burrower or any Successors in fussiest of Burrower. Any forbearance by Lender in exercising anynghl <br />or remedy including, without Initiation. Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrowcr nr an <br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise ofany right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrowercoverark, andagrers <br />that Borrower s Obligations and liabihly Stoll be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute tile Note of cnsignei ) fa) isco- ligninggthis Security Instrument only to mortggage, grant <br />and convey InC fsIgnci's in to st In the Pmpef)under the aernfs afthis Secofty Instrument: IT) is not pea yobligated <br />to pay the sums .secured by this Sxv n ty Insist mere, and (c) agrees that Lender and any other Borrower can agree to extend <br />mndi IN,, hahcaa oa nuke air, at,rOnvuoda lot is with regard to the terms of this Security Instrument or the Note without the co- <br />signer's consent. <br />Suhjern to the paovls loos of Section 18. ally Successor in Interest of Borrower who assumes Borrower's obligations <br />under this Secuoty Inso unicat in writing, and is approved by Lender, shat[ obtain all of Borrower's rights and benefits under <br />this Serially Instrument. Bonrower shall nut be released flour Borrower's obligations and liability under this Security <br />Inm'ument unless fender agrees (osuch release m writing The covenants and agreements ofthis Securityinstrument shall <br />hind (except Is provided in Section 20) and benef t the successors and assigns of Lender, <br />14. Loan Charges. Gander may charge Burrower tees for services performed in connection with Borrower's <br />default 101' the purpose of prnrccnn u lender's interest in the Property and righw under this Sootily instrument, including, <br />but nut Iimitcd lo, atmmeys' lees, pmpci ty inspection and valuation fees- In regard to any other tees, the absence of express <br />authority in this Security Instrument to chalet, a specific too to Borrower shall nut be construed as a prohibition on the <br />charging of s..If fee. [,ad,, may not charge tees that are expi essly prohibited by this Security Instrument or by Applicable <br />Law. <br />If rho Loan is snh'lect to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />Interest or other Ivan c hit rvcs col lcelyd or to be collated in connection with file Goan exceed life permitted limits, then: (a) <br />any such loon ch'vrge ,hull he reduced by die amotnt necessary to reduce the charge to the permitted limits and (b) any sums <br />NEBRASKA..Smakl',,,rk Feels Jluc /F «dai,•Alac ❑NnrORVt lNfiTklIM6NT Farm[ @R 1 /01 (page S,a8,xi ;e,) <br />9]59 -C1, so) (111351 <br />IiO l l lllx)il o4Ose <br />