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<br />200214012 ??E-RZDD DIED
<br />20021418E
<br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
<br />agreements wilh,first parties that share or modify their risk. or reduce losses. These agreement, are on terms and comdidons
<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 fiends that the mortgage insurer may have available
<br />(which may include fiends obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, any minsuner, any other entity,
<br />Or ufHliate orally ofthe foregoing, may receive (directly or indiieclly) amounts that derive from (or might be ehamelenzed
<br />as) a portion ,f Borrwer's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
<br />risk. or reducing losses_ Ifsuch agreement pi Fled that an affiliate of Lender takes a share ofthe insurer's risk in exchange
<br />for a share ofthe premiums paid to the Insurer, the uraangemenl 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 iLc 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 terminated automatically, and /or to receive a refund litany Mortgage Insurance premiums that were
<br />unearned at the from of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to 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 economically feasible and Leader's seamty is not lessened. During such repair and restoration
<br />period. Lender shall have the tight to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
<br />Propert� to ensure the work has been completed to Leiidou s satisfaction, provided that such inspection shall be undertaken
<br />promply. Lender ntaypayfortheiepairs and restoration in asingle dishurscmentor Ina s''criesofpmpress payments as the
<br />work is completed- Unless an agreement is nmde 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- ifthe restoration or repair is riot economically feasible or Lender's security would be lessened, the Miscellaneous
<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 Misecllaeous 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 critic Property, lire Miscellaneous Proceeds shall be
<br />applied m the sums secured by this Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower
<br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe
<br />Property immediately before the partial taki rig, destruction, or loss in value is equal to or greater than the amount ofthe sums
<br />secured bythis Security Instrument imriarely before the partial taking des tmetion. or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the awns secured by this Security Instrument shall be reduced by the amount ofthe
<br />Miscellaneous Proceeds multiplied by the following fiacti on (a) the total amount ofthe sums secured immediately before 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 ofthe Property in which the fair market value ofthe
<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 agreein Wnun g,
<br />the Miscellaneous Proceeds shall be applied to the sums scoured by this Security Instrument wired error not the sells are then
<br />due.
<br />Ifthe 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 am award to settle a claim for damages, Borrower fails to respond to Lender
<br />within 30 days after the dale the notice is given, Tender is authorized t, cull,,[ and apply the Miscellaneous Proceeds either
<br />to restoration or repair of the Property at to the sums secured by this Security Instrument, whether or not then due_
<br />"Opposing Party" means the durd partythat owes Borrower Miscellaneous Proceeds or the party against whom Borrower
<br />hus a right of action in regard to Mlaeedarle,us 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 fndciture of the Property or other material impairment of Lender's interest m the Property or rights
<br />underthis Securttylnstrument Borrower can em'e such a default and, ifuceeleralion[in occurred, retnstaw as provided in
<br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender'sjudgment, precludes forfeiture
<br />ofthe Property or other material impairment of] ender', interest in the Property or rights under this Secant) Instrument, The
<br />proceeds tit any award or Chaim for' damages that are attributable to the impairment ofl.ender's interest in the Property are
<br />hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order
<br />provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Lxtension of the time for payment or
<br />modification of umo'neation of sums secured by this Security Instrument granted by Lender to Borrower or any 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 />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
<br />made by the original Borrower or any Successors in Interest of Pon'ower Any forbearance by Lender in exercising any right
<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 ofm to eclude the exeroise of any right or remedy_
<br />13. Joint and Several Liability; Co- signers Successors and Assigns Bound. BorowercovcnanLsandagrces
<br />that Borrower's obligations and liability shall bcjoint 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 terns ofthis Security Instrument; (b) is not pemonallyobligated
<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 wi th i cent d to lie terms ofthis Security Instrument or the Note without the co
<br />.sigal consent.
<br />Subjeetto the provisions of Section 18, any Successor in Interest ofBon'owei whoassumes Borrower's obligations
<br />under floe 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 witting. The covenants and agreements ofthis 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 for to Burrower shall not be construed as a prohibition on the
<br />charging ofsuch Le. Lender moy notcharge fees that are expressly prohibited bythis 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 or other loan charges collected or to be colleted intuilile,ular with the Loon exceed the permitted limits ,then (o)
<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 />NEBRASKA — single Trill ly— Fmmie Mne /Froldie Mac IN I FORM IVSTRIIMrNT Form3038 I /01 (pa8e5of8pagml
<br />1150.rv(I /clI GI1151
<br />GO1011r00]bP)_r
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