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200214063 <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreemcns with other parties that share or anodttytheir risk, orreduce losses.These agreements are atermsandconditions <br />that are satisfactory to the mortgage insurer and the other party (or� allies) to these agreements. These agreements may <br />require the mortgage insurer to make payments using any source o funks 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 liurchawrof the note, another insurer, any I'cusorei, any other entity. <br />or affiliate of of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion oflorrower's payments for Mortgage Insurance, in exchange for shaiingoi modifying the mortgage ins'urer's <br />risk or reducing losses. Ifsuchagrearantpiovi ed that an affiliate 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 ix oReu termed "captive reinsurance." Further: <br />(d) 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 1995 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 are thereby assicard to and <br />shall be paid to lender. <br />If the Property is damaged, such Mi see I annuls, Proceeds shall be applied to restoration or repair of the Property, it <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 m hold such Mizccllnneous Proceeds until Lender has had an opportunity to inspect 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 he 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 it repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceed, shall be applied to the sums secured by this Security instrument, whether,,, 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 />ht 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 fait market value of the <br />Property immediately before the partial taking, destruction, or loss in value's equal to or greater than the amount of the so., <br />secured by this Security Instrument immediately before the partial taking, destruction, of 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 immediately before the <br />partial taking, dcstmction, 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 he paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value of the <br />Property immediately before the partial taking, destruction. or loss in value is less Man 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 whetherof not thesorm are thCn <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Burrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender <br />within 30 days after the date the notice is given, Lender is authorval 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,,wes Borrower Misccllanums Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall he 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 offender's interest in the Pmperh orru es, <br />under this Security Instrument. Borrower can cure such a default and, ifacceleiaffair has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, prcJudcs tiafeiture <br />of Ore Property or other material impairment of Lender's interest in the Property e, righ s under this Securitylnst unrest. 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 assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that ore 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 />analfifificalnut artier ization of the sums secured by this Security Instrumentgranted by tender to Bomrwerorstay Successor <br />in Interest of Borrower shall not operate to release the liability of But or any Successors in Interest of Bot rower. <br />tender shall not be required to commence proceedings against any Successor in lntemstoBorrower or Lo refuse to extend <br />time for payment or otherwise modify amodizmion ) the sums secured by this Security Instrument by reason ofanydemand <br />made bythe original Borrower or any Successors in Interest of Borrower_ Any forbearance by Lender in exercising any right <br />or remedy inclut ing, wit cart limitation, lender's acceptance of payments from third persons, entities or Successors in <br />Interest ,I Borrower of 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. Borrowcrcuveramsandainees <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 "y (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; to is not pet s,,nallyobligated <br />to pay the Sums Secured by this Security histr u infic and (c) agrees that Lender and any other Borrower can agree to extend, <br />modify, for or make any accommodations with regard to the terms of this Security Instrument or the Note without theca <br />signer's consent. <br />Subject to the provisions of Section IS,any SuccessorinlnmmstafBom> wcr who assumes Borrower's obligatons <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 he 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 srocLowis 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 lush unseat 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 Burrower shall not be construed as a prohibition on the <br />charging of such fee. L ender may not charge Fees that are ex atessly prohibited by this Security Instrument or by Applicable <br />Luw. <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 lean 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 />NRBRASRA— Singly Family— r'anniaMae/Frcddu MUCUNIFORM INSTRUMENT ror.3028 1/01 (pnye5oJ'8so,, —1 <br />4.C11'v(I ) 1634x51 <br />GQrpl 011101111 <br />