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200209478
<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 terms and conditions
<br />that are satisfactory to the mortgage insurer and the other party (or parties) m these agreements. These agreements my
<br />reywire the mortgage insurer m 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, anypurchaser of the note, another insurer, anyreinsureo, 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 ofBorrower's payments for Mortgage Insurance, m exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. If such agreement provided that an athliate 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 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 areherebyassigncdmand
<br />shall be card to Lmder.
<br />Miscellaneous Proceeds shall be applied to restoration or repair
<br />Miscellaneous Proceeds, Izndcr 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 Miscellaneous
<br />Proceeds shall he applied to the sums secured by this Security Instrument, whether or not then due, with the excess, ifany,
<br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided f'or 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 than due, with the excess, ifany, 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 ofthe
<br />Property immediately before the partial taking, destruction, or loss in value is equal to or eater than the amountofthe sums
<br />secured by this Security Instrument immediatelybefore the partial taking, destruction, or logrss in value, unless Borrowerand
<br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount ofthe
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums securedimmediamlybefrre the
<br />partial taking, destruction, or loss in value divided by(b) the fair market value ofthe Property immediately before the patriot
<br />taking, destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a partial taking, destmcton, or loss in value ofthe Property in which the fair market value ofthe
<br />mm
<br />Property redialcly before the partial taking, destruction, or loss in value is Icss 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 nrnotthe sums are then
<br />due.
<br />if the Property is abandoned by Borrower, or if, 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 fbr damages, Borrower fails to respond to Lender
<br />within 30 days after the date the notice is given, Lender is authorized b collect and applythe 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 my action or proceeding, whether civil or criminal, is begun that, in Leader's
<br />judgment, could result in forfeiture ofthe 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, ifaccelcomon has occurred, reinstate as provided in
<br />Section 19, bycausing the action or proceeding to be dismissed with a ruling that, in Lender'sjudgmmy precludes forfeiture
<br />of the Property or other material impairment o Lender's interest in the Property or rights under this Securitylnstrummt .'the
<br />Cof 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 ofthe Property shall be applied in die order
<br />provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted byLenderm Borrower oranySuccessm
<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 ofBorrower or to refuse to extend
<br />time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason ofany demand
<br />made by the original Borrower or any Successors in lnwreslof Borrower. Any forbearance by Lender in exercising any 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 my right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borowerccveranrsandagrees
<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-signingthis Security lnstmmentonlyto mortggage ,grant
<br />and conveytheco- signer's interest in the Property under the terms ofdas ecuritylnstrummt ;(b)isnotpmmallyobligated
<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 ofthis Security instrument or the Note withoutihe co-
<br />signer's consent.
<br />Subject to the provisions of Section 18, my 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 ofBorower's rights and benefits under
<br />this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Secant
<br />Instrument unless Lender agrees to such release in writing. The covenants and agreements ofthis Security Instrument shall
<br />bind (except as provided in Section 20) and benefit the successors and assigns oflznder.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose ofprotecting 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 my other fees, the absence ofexpress
<br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition en the
<br />charging ofsuch fee. Lender may not charge tees 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— Sci&Pamily— Fannie M.eTreddie Mac UNIFORM INSTRUMENT Form3028 lad (ynge5of8puKrt)
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