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200205745 Mortgage Insurers evaluate their tool risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These aTements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsures, any other entity, or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized us) a portion of Borrower's payments for Mortgage Insurance , in exchange for sharing or modifying the mortgage insurer's' risk, or reducing losses. If such agreement III that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is (Men 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 to any refund. (b) Any such agreements will not affect the rights Borrower 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 obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignmentof Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigned to and shall be paid to Lender. It the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it the rcahnation or repau 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 Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and reshnadon in a single disbar sement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be aid on such Miscellaneous Proceeds, Lender shall not he required hi pay Burrower any interest or 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 securest by 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 of a 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 of it partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before dm partial taking, destruction, of loss in value is equal to or greater than the amount ofthesunu secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower acid Lender otherwise ugnce in writing, the sears secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of ransoms secured irmriedur ely before the partial taking, destruction, or loss in value divided by (b) the fair market value bribe Property immediately beforethe panial taking, destruction, or loss in value. Any balance shall he paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediate)y before the partial taking, destruction, or los, in value is less than the mnount of the sums secured immniately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether onxAdne Immune then dur. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the dine the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lcndcr's Judgment, could result in forfeiture of thePropeity of other material impairment of fender's interest in the Propenyorrights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as Provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in lender's judgment, precludes forfetmre of the Property or other material impairment of I ender's interest i n the Property or rights under this Security inetrument. 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 he paid to Lender. All Miscdlaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2, 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or anysuccessor in Interest of Borrower shall not operate to release the liability of Burrower or any Successors in Interest of Borrower. Leader shall not be required to commence proceedings 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 of anydemand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Tondo's acecptance of payments from third persons, entities or Successors in Ingest of Borrower or in 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. Borrowercovenaneandagrees that Borrower's obligations and liability Shall be joint and several. However, any Borrower who a, -sign, 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 of this Security Instrument; (h) is not personally ohl igatel to pay the sums secured by this Seem try Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Rormwer's obligations under this Security instrument in writing, and is approved by Lender, .shall obtain all of Borrower's rights and benefits under Nis Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument it nlesslerider agrees tosuch release in writing. The covenants and agreements of this Security Instrument shall hand (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. ]ender may charge Borrower fees for services performed in connection with But ower's do fault, for the purpose of protecting 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 of express authority in this Security Instrument to change a specific tee to Borrower shall not be construed as a prohibition on the chargingofsuchfee. Lender may not charge fees that are expressly prohibited by this Security Instrunment or by Applicable Law. If the Loan is subject to It law which sets muximun loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any suns NEBRASKA Sin& Find, FannieMisdt`,eddie Mac UNIFORM INSTRUMENT 4'arm -4028 1 /01 (page S.Japage0 9751CV(IN2) Gn5sa GOTOOM-191,