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200208637
<br />Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
<br />ier parties that share or modify their risk, or reduce losses. These agreements are on terms andconditions
<br />to the mortgage insurer and the other party (or parties) to these agreements. These agreements may
<br />:e insurer to make paym an
<br />raconteurs using y source of funds that the mortgage insurer my have available
<br />(which may include funds obtained from Mortgage lnsurance premiums).
<br />As a result of these agreements, lender, any purchaser of the note, another insurer, anyreinsurer, 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. If such agreement provided that an affiliate of Lender takes a share of the 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 righis 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 orany 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 herebyassigned to and
<br />shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthelimperty, if
<br />the restoration or repair is economically feasible and Lender's security is not lesscncd. 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 [o Lender's satisfaction, provided that.such inspection shall be undertaken
<br />promptly. Lender Inaypay for the repays and restoration in a single disbursement or in a series of progress payments as the
<br />work is completed. Unless an xgreemen[ is made in writing or Applicable law requires interest to be paid on such
<br />Misccllxneous Proceeds, Lender shall no[ be required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. if the restoration nr repair is no[ economically feasible or Lender's security would be lessened, the Miscellaneous
<br />Procecdv shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid [o Borrower. Such Miscetaneous Proceeds shall be applied in the order provided for in Section 2.
<br />In the event of n total taking, desvuchoq nr Inss m value of the Property, the Miscellaneous Proceeds shall be
<br />applied to the sums secured by this Security Insvument, whether or not then due, with the excess, if any, paid to Borrower.
<br />In the event of a paz[ial taking, destruction, or loss in value of the Property in which the fair market value of the
<br />Properly immediately ficfire the partial taking, desVUC[ioq or
<br />is in value is equal to or greater than theamountofthe sums
<br />secured by this Security Instrument immediatclyfiefore the partat taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise ab�ao in writing, the sums severed by this Security Instrument shall be reduced by the meant of the
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately fiction, 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 in Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Proparty, 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 fender otherwise agree in writing,
<br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or hwt the sums are then
<br />due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Partyder
<br />defined in the next sentence) offers to make an award to settle a claim for damsges, 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 Part)" 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 fender's interest in the Propenyor rights
<br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided m
<br />Section 19, bycausing the action or pnoceeding to be dismissed with a ruling that, in Undcr'sjudgment, precludes forfeiltue
<br />of the Property or other material impairment of Lender's interest in the Property or rights under this Secunty Instrument. The
<br />Eof any award or claim for damages that are attributable to the impairment 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 to restoration or repair of the Property shall be applied in the order
<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 ofamorlization of the sums secured by this Security Instrument granted by Lender to Borrower rany 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 to refuse to extend
<br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument byreason ofanydemand
<br />made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by lender in exercising my fight
<br />or remedy including, without limitation, fender'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. Bovowercovenantsandagrees
<br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co -signs this Security
<br />to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend,
<br />modiy, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the eo-
<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 ]ender, shall obtain all of Borrower's rights andbenefits under
<br />this Security Insvument 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 Secuntylnstrument 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 Bon owei s
<br />default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,
<br />hot not limited to, attorneys' fees, property inspection and valuation fees. In regard to anywher 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 Securitylnstrumcot or by Applicable
<br />Law.
<br />If the Loan is subject to 11 a law which sets maximum loan on with, and that law is finally interpreted so that the
<br />interest or an the, loan charges collectedorto becollectedin rytor due withchaLoan exceed the Permitted d(b),them(a)
<br />any such loan charge shall be reduced by the amount necessary to reduce the charge m the permitted limit; and (b) any sums
<br />NEBRASKA - Single. FaMly- Fart¢ Mae /F'redine btac UNIFORM INSTRUMENT F'orm3028 1 /01 (➢vye544 -9e1)
<br />9I51.CV (i02) G11725
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