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200210529
<br />Mortgage Insurers evaluate their rural risk on all such insurance in force from time to time, and may enter into
<br />agreements with other parties [hat share or modify their risk, or reduce losses. These agreements are on terms andconditions
<br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Theses greements may
<br />require 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, any purchaser ofthe note, another insurer, any reinsurer, anyother entity,
<br />or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or right be characterized
<br />ac) 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 ofthe 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 PIC 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 areherebyissignedmand
<br />shall he
<br />such Miscellaneous Proeueds shall be
<br />ally feasible and Lender's secant is
<br />period, Lender shall have the right to hold such Miscel lino
<br />Proper tyry to ensure the work has been completed to Lender
<br />ptompdy. Lender may pay for the repairs and restoration it
<br />work Is completed. Unless an agreement is made in w.
<br />Miscellaneous Proceeds, Lender shall not be required to
<br />In the event of a total tak
<br />applied to the sums secured by this
<br />In the event of a partial n
<br />Property immediately before the pa
<br />the P
<br />due.
<br />Is secured This Securi
<br />ors Proceeds shall be al
<br />ng, destruction, or loss
<br />9ccurity Instrument, whi
<br />cing, destruction, or los,
<br />fiat taking, destruction, i
<br />mmediately before the f
<br />the sums secured by th
<br />ry the following fraction
<br />value divided by (b) the
<br />:structon, or loss in value. Any
<br />In the event of a partial taking,
<br />immediately before the partial t
<br />Proceeds unfit Lender has had an opportunity to inspect such
<br />tisfaction, provided that such inspection shall be undertaken
<br />ingle disbursement or in a series of progress payments as the
<br />g or Applicable Law requires interest to be aid on such
<br />Borrower my interest or earnings on such Miscellaneous
<br />de or Lender's security would be lessened, the Miscellaneous
<br />Instrument, whether or nut then due, with the excess, if any,
<br />lied in the order provided for in Section 2.
<br />value of the Property, the Miscellaneous Proceeds shalt be
<br />ter or not then due, with the excess, if any, paid to Borrower.
<br />n value of the Property in which the fair market value of the
<br />loss in value is equal m or greater than the manometric sums
<br />tial taking, destruction, or loss in value, unless Borrower and
<br />Security Instrument shall be reduced by the amount of the
<br />a) the total amount of the sums secured inmlediatety before the
<br />it market value of the Property immediately before the partial
<br />I to Borrower.
<br />a value of the Property in which the fair market value of the
<br />r loss in value is less than the amount of the sums secured
<br />lire, unless Borrower and Lender otherwise agree in writing,
<br />A by this Security Instrument whether fix not the sums are then
<br />If the Property is abandoned by Borrower, or it, 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 for damages, Borrower fails in 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 or Miscellaneous Proceeds.
<br />But shall be in default if any action or proceeding, whether civil in 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 Propertyorrights
<br />under this Security Instrument. Borr ower can cure such a default and, If acceleration has occurred, reinstate as provided In
<br />Section 19, by causing the action or proeccding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture
<br />of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The
<br />proceeds of any award or claim for damages that arc attributable to the impairment of Lender's interest in the Property are
<br />hereby assigmcd 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 byl-ender tolmeoweroranySuccessor
<br />in Interest of Borrower shall not operate m release the liability of Borrower or any Successors in Interest of Borrower.
<br />Lender shall not he required to commerce to 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 by reason ofanydemand
<br />made by the original Borrower or any Successors in Interest of Borrower. Anyberbearance by Lender in exercising anyrlght
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, amities 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. Borrowercoveremsandagrees
<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 Seeuritylnstrument only in mortgage, grant
<br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; No is not personallyobligated
<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, fnnc c or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-
<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 Lender, shall obtain all of Borrower's rights and benefits 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 />default, for the purpose of protecting 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 any other 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 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 er 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 m reduce the charge to the permitted limit; and (b) any sums
<br />NEBRASKA - Single Neraly- Fannie MaiaTreddie Mac UNIFORM INSTRUMENT Form 3028 1/01 (page s af8 pugen)
<br />9755CV(Ib2) G11896
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