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200209973 Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to 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 o lands that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, anypurchaser of the nom, another insurer, any reinswer, any other entity, or affiliate of anyy of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) n portion ofBortower's payments for Mortgage Insurance, in exchange fin sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of the mswer's risk In exchange for a share of the premiums paid to the insurer, the arrangement is often te- med "captive reinsurance.' Further. In) 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 11. Amignmentof Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds weherebyassignedto and shall be paid bl Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied in restoration or repair oftheProperty, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Pr cccds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In axmgle disbursement or in a series of progress payments asthe work is completed Onless an agreement is made in writing or Applicable law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required m pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, therMiscehaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums securcal by this Security Instrument, whether or not then due, with the excess, if any, 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 partial taking, destruction, or loss in value is equal to or greater than the amountofthe sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured 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 immediatelybefore the partial taking, destruction, or loss in value divided by (b) the fair market value ofthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be 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 Properly 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 whetheror Ironic sums are then If the Property is abandoned by Borrower, or if, after notice by lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borr ower tails 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 Part)" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's Istrument. Borrower can cure such a default and, if acceleration hasoccurred, reinstate as provided in g the action or proceeding to be dismissed with a ruling that, in Lender's judgment. Precludes tbrfeiture er material impairment offender's interest in the Property or rights under this Securltyln rourent. The it or claim for damages that are attributable to the impairment of Lender's interest in the Property are shall be paid to Lender. rncous Prrrceds that are not applied to restoration or repair of the Property shall be applied in the order 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by fender to Borrower or an Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest oNorrower. lender shall not be required to commence proceedings against any Successor in Interest ofBorrower or to refuse to extend time for payment or otherwise modify amortization of the sums.accured by this Security Instrument by reason ofanydelrland made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising anyright or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in interest of Borrower 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. Borrowercovenantsandagrees that Borrower's obligations and liability shrill be joint and several. However, any Borrower who co-signs this Security and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is nutperwmallyoblil algid to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations 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 under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfumed 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' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to chargge a specific fee to Borrower shalt not be construed as a prohibition on the charging of such fee. Lender may not charge fees that arc expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest 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 permitted limit; and (b) any sums NEBRASKA -- Single FZnuly- Fannie MalMreddie Mae UNIFORM INSTRUMENT Foru.3028 1101 (p,ge5of8pages) 9754.CV(14o) Giolo Is il0((XMLla lb)