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<br />Mortgage Insurers evaluate their total risk on ail 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 terms 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 in 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 ofthe note, another insurer, any reinsures, anyother 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. If such agreement provided that an affiliate of Lender takes a share ofthe insurer's risk in exchange
<br />for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) 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 premtums that were
<br />unearned at the time of such cancellation or termination.
<br />11. AmignmentofMiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigned toand
<br />shall be paid to Lender.
<br />if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if
<br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
<br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
<br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall he undertaken
<br />promptly. Lender may pay for the repairs 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 interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miacellarleous
<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 shall be
<br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Burrower.
<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 immediately before the partial taking, destruction, or loss in value is equal to or Bgeater than the amountofihc sumo
<br />secured 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 (h) 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 immediately 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 whether or notthe sums wethen
<br />due.
<br />If the Properly is abandoned by Borrower, or o after notice by Lender to Burrower that the Opposing Party der
<br />defined 0 the next sentence) offers to make n, award to settle i claim for damages, Borrower fails to respond m Lender
<br />within 30 days or repair the notice is given, Lender is authorizedto collect and apply the Miscellaneous Proceeds due.
<br />to restoration or repair of the Property a 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 proceedingg, whether civil or criminal, is begun that, in Lender's
<br />judgment, could result in forfeiture ofthe Property or other material impairment of Lender's interest in the Propenyorrights
<br />under this Security Instrument. Borrower can cute such a default and, If acceleration has occurred, reinstate as provided In
<br />Section 19, by causing the action or proceeding to be dismissed with at . riling that, in Lender'sjudgment, precludes forfeihue
<br />proceeds of my award or claim for damages that are attributable to tie impairment of Lender's interest in the Property are
<br />hereby assngnet and shall be paid to lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in theorder
<br />provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted by Lender taBonower or anty Successor
<br />in Interest of Burrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.
<br />Lender shall not be required to commence pnwccdings against any Successor in Interest of Borrower or in refuse to extend
<br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of anydematld
<br />made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising my 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 Instrument only to mortgage, greet
<br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; (ho is not per so yobligaced
<br />to pay the sums secured by this Security Instrument; and (c) agrees 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 Note without the co-
<br />signer' s consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
<br />under this Security Instrument in writing, and is approved by lender, shall obtain all ofBorfower'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. Iwmn 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 Instrument, including,
<br />but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express
<br />authority in this Security Instrument to charge a specific fee to Borrower shall not he construed as a prohibition on the
<br />charging of such fee. Lender may not charge ties that are expressly prohibited by this Security Instrument or by Applicable
<br />Law.
<br />If the Loan is subject in a law which sets maximum loan charges, and that law is finally interpreted so that the
<br />interest such or other loan charges collected y t e be collected in connection wash the charge o exceed the permitted limits, then: ms
<br />any such loan charge shall be reduced by the amount necessary hI reduce the charge to the permitted limit; and (b) any sums
<br />NFIRASKA- Single Partly- F'annlr Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page 5 ofS page,)
<br />`o54.CV(I tl2) 1M,,19
<br />GOT0000261831
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