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200207719 <br />Mortgage Insurers evaluate their torah risk on all such instoa rc; in force from time to lime, and may enter into <br />agreements with other parties Thal share or modify (heir risk, m reduce lossec'1' Lose � agreements are on terms and ctmdilions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />rec uire the mortgage insurer to make payments using any source of hands that the mortgage insurer may have available <br />(w rich may include funds obtained from Mortgage IIISUTaTICr prmnital s). <br />As a result of ihcse agreements, Leader, any purchaser of the note, another insurer, any, reinsurcr, any other entity, <br />or affiliate ofany of the foregoing, may receive (directly et indirectly) amounts that derive from (or might be characterized <br />as) if Portion of Berrowet's payments for Mortgage Insurance, in exchange for sharing or mach fyang the mortgage insurer's <br />risk, or reducing losses. Ifsuch agreement provi ed that an affiliate of Lender takes a share ofthe insurer's risk in exchange <br />for a share of the prcmimna paid to the insurer, the arrangement is often termed "captive reirtsuraner " Further <br />pr) 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 awe for <br />Mot tgage Insurance, and they will not entitle Harrower la any refund. <br />(h) 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 />shall be paid to Lender. <br />If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically leaxihlc and Lender's security is nor Icssened. During such repair and restoration <br />period, 1Lnder shill have the right to hold such Miscellaneous Proceeds until Lender has had an oppeateml� ro inspect such <br />Properly to ensure the work has been completed to I ender's satisfaction, provided Ihal such inspection she 1 be undertaken <br />promptly- I ender may pay for The Tepid is and restoration in a single disbursement or in a series of progress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable law requires inlefest to be paid on such <br />Miscellaneous Proceeds, Icndcr shall not be required to pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. If the restoration or repair is nor economically feasible or I ender', sccurily would be lessened, the Miscellaneous <br />Proceeds shall be a plied ro the sums seemed be this Security lnstrumenl, whether or not then due, with the excess_ if any, <br />fluid la Borrower. Such Miscellaneous Proceeds shall tie applied in The order provided for in Section 2. <br />In (lie event of a loud raking, destruction, or loss it value of the Properly, the Miscellaneous Proceeds shall he <br />applied tan the sums secured by this Security Instrument, whether fir not then due, with The excess, if any, paid to Borrower. <br />In the event of a partial taking, deshuc[ion, of loss in value of the Properly in which the fair market value otthe <br />Pmpedy fmunudifud, before the partial taking destruction, or loss in value is equal to or grcalcr Than The amnuntof the sums <br />secured by this Security Instrument immelialcly before the radial taking. destruction, or loss in value, unless Borrower and <br />Icndcr olhewise agree in writing, the sums secured by I�is Security Instrument shall be reduced by the amount of [hr. <br />Miscellaneous Proceeds mulliplicl ey the following fraction: (a) the total amount (if the sums secured immedimel) befure the <br />partial Inking, destruction, or loss in value divided h}r (b) the fair mar kel value of the Prnperry imoelialely bef ..e the partial <br />liking destruction, or Ins, is value. Any balance shall be paid to Borrower. <br />In the even) of a partial taking, desunction, or Toss in value of the ProlLcrty in which the fair markel value of the <br />Properly immediately before the partial taking, destruction, or loss in value Is cos than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in value, unleSh Burrower and Lender otherwise agree in writing, <br />the M iscellanenus Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then <br />,Inc. <br />If the Properly is abandoned by Borrower, of if, after notice by tender to Borrower that the Opposing Party (as <br />defo ed in the next sentence) offers to make an award to settle a claim for damn acs, Harrower Caiis' to respond lu Len el <br />within 30 days after the (laic life notice is given. Lender is authorized to collect o I apph the Miscellaneous Proceeds either <br />to restoration or repair of the Property or to the sums secured fi� this Security fnstntmcnr, whether or not then due. <br />"Opposing Party; means the third pparty Thal owes Borrower Miscel aneous 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 (IT pmcccding, whether civil of criminal, is begun that, in Lender's <br />judgmrel 1, could result in forfeiture of the Property or (filter material impairment of Lender'x interest in the Propertyor rights <br />under this Security Instrument. Borrower call cure such a default and,ifaccclera[ion has occurred, reinstate as provided in <br />Section 19, by causing the action tar proceeding to be dismissed with a ruling that, in Lender'sjudgme n precludes fmlcitme <br />of the properly of other material impairment of Lenders interest in the Propertyor rights nndcr Ihix sccurily hrsu omen. The <br />{{troceeds ofmry award or claim for damages his( are atttibulable to the impairment of lender's interest in the Properly are <br />ircrcby assigned and shall be paid to Lender. <br />All Mfscellancous Proceeds Thar are not applied m restoration or repair of the Property shall be applied in the order <br />provided or in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification ofamnrtizarinn Of the suers secured by this SecuriTy lnstrumenl grinned by Icndcr to Borroweror any 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 proceedings against any Successor in Interest of Borrower or ro refuse m extend <br />time for payment or otherwise modify amortizallon of the sums secured by Isis SecuriTy Inslrument by mason of auydenand <br />made by the original Horrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right <br />or rcmady including, without limitation. Lender's acceptance of payments from third persons, entities or Successors u, <br />Interest of Borrower or in <br />amounts Ices than the amount Then due, shall not be a waiver of preclude the exercise of any right or remedy. <br />13. .Joint and Several Liabflity; CO- signers; Successors and Assigns Bound. Borrowercovenanrs anlagrccs <br />that Borrower's obligations and liability shall be join[ and ecveral. Howevey any Borrower who ce, signs this Security <br />Instrument but dues nut execute the Note (a 'co signer "): (a) is co- signing This Security Instrument only to mortgage, grant <br />and convey the co- signer's interest in the Properly uodcr the terms of this Sccurily Irish wmon; (h) is not personal yobligaad <br />io pay the stuns secured by this Security Inslrument and (c) ax", that Lender and any other If arewer can agree m extend, <br />modify, forbear or make any accommodalions with regard to I m lei Ins of this Seem ily Instrument or the Note without the co <br />signer's colewel. <br />Sniffer (d to the provisions of Section 18, any Successor in filter car of Borrower who assumes Borrower's obligations <br />order thiv See its, Instrument in writing. and is approved by Isnder, shall obtain all fit Iherrower's rights and benefits under <br />this Security hole meal. Borrower shall not be released from Borrower's obligations and liability under this Se, <br />Instrument unless Lender agrees fo such release in writing. The cawcnonts and agmccmcnls of Ihrs Sccurily InShument sla I <br />bind (except as prrvided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge BorroWCT fees for scrview Perhmnc l in connection with Borrower's <br />defaull, for the purpose of pmlecting Iender's interest in the Property and rights under (]fix Security Instrument, including <br />but not limited lo, tourneys' fees, properly inspection and valuation @cs. III regard to any other fees, the absence of express <br />amininly in this Security Instrument to charge a specific tee to Borrower shall not be construed as a prohihilion on The <br />chargingolsuch fen. Lcnder may not charge fees dust so expressly prohibiled by this Security Inslrumcut or by Applicable <br />law. <br />if the I oan is subject In a law which sets maxinmnl loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected tar to he collected in connection with The Irian exceed the permilod limits, then: (a) <br />any such loan charge shall be re,lacel by the amount necessary° to reduce the charge to The permitted limit; and (flurry sums <br />NEBRASKA Sivelc r Lanny FannieMaelFreddle Mac UNIFOIIM INS'1'1411MLN I Form3a2a Val (l 5u)8pagr,) <br />v74,CV0 ant mtmw <br />GOT If _-t <br />