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200209794 <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) to these agreements. These agreements may <br />require the mortgage insurer to 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 of the note, another insurer, any reasoner, 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 offender takes a share of the insurer's risk to exchange <br />for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. <br />(h) 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 nblain 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. Assignmentof Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigmalto and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is econoncally 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 inspeet such <br />Property to ensure the work has been completed to lender's satisfaction, provided that such inspection shall be 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 Miscellaneous <br />Proceeds shall he 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 nut then due, with the excess, if any, 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 natural taking, destruction, or loss in value is equal w or greater than the amount ofthe sums <br />Lender otherwise agree in <br />Miscellaneous Procceds in <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 not 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 Party (as <br />defined in the next sentence) otters to make an award to settle a claim for damages, Borrower fails w 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 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 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 Lender's interest in the Propertyor rights <br />under this Security Instrument. Borrower can cure 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 a ruling that, in Lender'sjudgment, preclu sforfei[ure <br />of the Property or other material impairment of Lender's interest in the Property or rights under this SecuritylnsVUment. The <br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assif�ined 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 of amortization of the sums secured by this Security Instrument granted by Lender to Bon oweror my 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 />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; Cr- signers; Successors and Assigns Bound. Borrowercovenantsandagrees <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, grant <br />and convey the co- signer's interest in the Property under the terms of this Security Instrument (b) is notpemnallyobligated <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 Now without the co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who asstmtrs Borrowers obligations <br />under this Security Instrument in writing, and is approved by Under, shall obtain all of Borrower's rights andbenefits 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. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's <br />trumcnt to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />may not charge tees that are expressly prohibited by this Security instrument or by Applicable <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 (h) any sums <br />NEBRASKA - Single Faouly— Fannie M.eVreddie Mac UNIFORM INSTRUMENT Form3a28 llat (pages fSpages) <br />975 CV (14)2) 611716 <br />GOTO("2doe <br />