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200210863 <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 moditytheir 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 w 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, anyreinsureq any other entity, <br />or affiliate of anv of the foreeome, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />risk, or reducing losses. If such agreement provided that an atti liate of lender takes a share of the insurer a 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 lerndnated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were <br />untamed at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeltu e. All Miscellaneous Proceedsme herebyassigned wand <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied in restoration or repair of the Properly, if <br />the restoration or repair is economically 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 opportune to inspect such <br />Property to ensure the work has been completed to lender's satisfaction, provided that such inspection she 1 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, dieMiscellaraous <br />Proceeds shall be 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 not 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 fart market value of the <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amounlof the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured unto diatelybefore the <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial <br />taking, destruction, or loss in value. Any balance shall be 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 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 under otherwise agree in writing, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums ate 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 for damsges, Borrower fails m respond to (ender <br />within 30 days after the date the nonce is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />It) 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 Pmpertyor rights <br />under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />XU.der's interest in the Property or rights under this Security Instrument. The <br />that are attributable to the impairment of lender's interest in the Property are <br />A(1 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 byfender to Borrower or any Surocsxor <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 />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 floor cover. Any forbearance by lender in exercising myright <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; Co- signers; Successors and Assigns Bound. Itrrowercovenantsandagees <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 m mortgage, grant <br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is notpersonal yobligated <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 Note without the co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in interest ofBorrnwer who assumes Borrower's obligations <br />under this Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights andbecetitc 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 Smarty 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 lo, attorneys' fees, property mspec[ionand valuation es. In regard to myother fees, the absence ofexpress <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. leender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable <br />Law. <br />If the Lran is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan char ges collected or to be collected in connection with the Loan exceed the permided limits, then: (a) <br />any such loan charge shall be reduced by the amount necessary to reduce the charge w the permitted land; and (b) any sums <br />NEBRASM3 Ingle Family- -Faanie MinaFrcddie Mar UNIFORM INSTRUMENT Form3028 I /01 (puge5of8poges) <br />9754.CV(1/(o) 1594886 <br />o010(nx)32u3) <br />