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<br />Mortgage Insurers evaluate 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 risk, or reduce losses. These agreements are on tams and 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 from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity,
<br />or affiliate of any of the foregoing, may receive (directly or indirectly amounts that derive from (or might be characterized
<br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. Ifs uch agreement provided that an affiliate of Lender takes a share of the insurer's risk mexchange
<br />for a share of the premiums paid to the insurer, the arrangement is often termed `captive reinsurance." Further:
<br />ta) 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 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 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 Insurance, to have the Mortgage
<br />Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
<br />unearned at the time of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
<br />the restoration or is ono call feasible a and Lender's �l is lied to restoration or repair of �Pmorati if
<br />shall be paid to Lender. Proceeds app
<br />If ' Property ' g y not lessened. Dating such repair and restoration
<br />ppeerriiod, Lender shall have then t to hold such Miscellaneous Pr until Lender has had an opportumty to uispect such
<br />Property to ensure the work has been completed to Lender s satisfaction Provided that such inspection shall be undertaken
<br />prompttlly. Lender ma ay for the repairs and restoration in a single disbursement or in a serves of progress payments as the
<br />work is wmpleted. Unless an agr�aement is made in writing or Applicable Law requires interest to b aid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay orrower any interest or earnings on such Miscellaneous
<br />Proceeds. If the restoration or repair is not economically feestble or Lender's security would be lessened, the Miscellaneous
<br />Proceeds shall be applied to the sums secured by this Security Instrument whether or not then due, with the excess, if any,
<br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shell be
<br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any; paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
<br />Properly immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe suns
<br />sec ed by this Security Instrument immediately 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 of the
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial
<br />taking, destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the property in which the fair market value of the
<br />Property immediate )y before the partial taking, destruction, or loss in value is less than the amount of the sums secured
<br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,
<br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whetherornot the sums arethen
<br />due.
<br />If the Property is abandoned by Borrower, or it after notice by Lender to Borrower 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 date the notice is given, Lender is authorized 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 not then due.
<br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the 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 proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgment; could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights
<br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, re instate as pprovided in
<br />Section 19, by causing the action or proceeding to be dismissed with a Wiling that, in Lender's judgment, precludesforfeiture
<br />of the Property or other material impairment of Lender's interest in the Property or rights ands this Security hrstrumient The
<br />proceeds of any award or claim for damages that are attributable to the impaument of Lender's interest in the Property are
<br />hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied torestoration or repay of the Properly shall be applied in the order
<br />provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waived Extension of the time for paymentor
<br />modification of amortization of the stuns secured by this Security Instrument granted byLenderto Borrower or Successor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.
<br />Lender shall not be required to commence P. ' against any Successor in Interest of Borrower or to refuse to extend
<br />time for payment or otherwise modify amortuahon of the suns secured by this Security Instrument by reason of any demand
<br />made by the original Borrower or any Successors' Interest of Borrower. An forbearance by Lender in exercising arty right
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
<br />Interest of Borrower or in
<br />amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound Borrower covenants and agrees
<br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
<br />Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security histrument only to mortggage, grant
<br />and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is notpersonally obligated
<br />to pay the sums secured by this Security Instrument; and (c) agues that Lender and any other Borrower can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Notewithoutthe co-
<br />signer's consent.
<br />Subject to the provisions of Section 18; any Successor in Interest of Borrower who assumesBorrower's obligations
<br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits 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 agreements of this Security Instrument shall
<br />bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
<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 rights under this Security histrurnent, including,
<br />but not limited to, attorneys' fees; property inspection and valuation fees, hi regard to any other fees; the absence of express
<br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
<br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable
<br />Law.
<br />If the Loan is subject to a law which sets maximum loan charges; and that law is finally interpreted so that the
<br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a)
<br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
<br />NEBRASKA — Single Family — Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3028 1 /01 (page 5bf8 pages)
<br />9754.CV (1/02) 4600101422g0
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