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200209256 Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with usher parties that share m modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory in the mortgage insurer and the other party (or parties) to these agreements. These agreements 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, anyremsurer, any other entity, for a share of the premiums paid to the insurer, the arrangement is often 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. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebywsigned to and shall be paid to fender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property if the restoration or repair is econoncally feasible and Lender's seen is not lessened. During such repair and restoration Proc period, Lender shall have the right to hold such Miscellaneous eeds until Lender has had an opportunity to inspect such Property m ensure the work has been completed [o Lender's satlsfaction, provided that such inspection shall be undertaken promptly. Iznder maypayfor [he repairs antl restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agrrccment is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall no[ be required [o pa Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair Is nnl economically feasible or Lender's security would be lessened, the Miscellaneous Pnx;eeds shall be applied to the sums secured by [his Security Instrument, whether or not then due, with the excess, if any, paid to eorcower. Such Miscellaneous Proceeds shall he applied in the order provided for in Section 2. In the even[ 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 Instmment, whether or not then due, with the excess, ifany, 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 immediately before the partal taking, destruction, or kris in value is equal to or greater than the amount ofthc sums secured by [his Security Instrument immedintelybefore [hepartia] taking, destruction, or loss in value, unless Bormwerand Lender otherwise agree in writing, the sums soured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destmction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid m Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair musket value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately 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 or But the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender m 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 date 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 m Miscellaneous Prrxzeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights antler this Security Instrument. Borrower can cure such a default and, If acceleration has occurred, reinstate as provided m Section 19, by causing the action or proceedin{, to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Seemlyhtstrument 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 be paid to Lender. All Miscellaneous 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 payymment or modification of amortization of the sums secured by this Security Instrument granted byLerder to Borrower or my Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lander shall not he 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 my demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercisinganyright or remedy including, without limitation, Undei s acceptance of payments from third persons, entities or Successors in Interest of Burrower 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. Borrowercovermisandagrecs that Borr ower's obligations and liability shall be joint and sever al. However, any Borrower who co-signs 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; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Iender and any other Borrower can agree to extend, mortify, forbear or make any accormnodations 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 Borrower's obligations this 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' tees, property inspection and valuation fees. In regard to my other fees, the absence of express authority in this Security Instrument w charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Easy. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the intro st 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 pertained limit; and (b) any sums NEBRASKA Single Family Fannie fu a reddie Mx UNIFIIRM INSTRUMENT Farm3028 Val (pg9e5oflipagec) 97U CV (1/02) 611939 GOTO(.21,191)