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200214193 <br />Mnrtgagc Insurers evaluate their total risk on all such insurance in force Rom time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terns 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 to make payments using any source affords that the mortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance preniums). <br />As a result ofthese agreements, Lender, any purchaser ofthe note, another insurer, any reinsm er, any other entry, <br />or affiliate orally of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized <br />as) a portion of Bo1TOwer'S payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. I f such agreement provided that an affiliate of Lender takes a share ofthe insurer's risk m exchange <br />for a share ofthe 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 ofthe Loan. Such agreements will not Increase the amount Borrower will rave 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 tinder 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 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 Proceedsare herebyassigmed toand <br />shall be paid to Lender. <br />Ifthe Propertyis damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, 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 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 forthe repairs and restoration in e ri <br />single disbursement or in a sees 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, loader shall not be required to pay Borrower any interest of earnings on such Miscellaneous <br />Proceeds. If the restoration or repair is not 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 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, ifany, 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 equal to or greater than the amount ofthe arms <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 fullowing fraction: (a) the total amount of the sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) the fair market value at 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 u 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 leas than the amount of the sums secured <br />immediately before l e pat did taking, destrucfion, or loss in value, an less Borrower and Lender otherwise agree in writing, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then <br />due. <br />If the Property is abandoned by Borrower, or o after notice by Lender to Borrower that the Opposing Party (es <br />defined 0 the next sentence) offers e make n, award is settle i claim for damages, Borrower fails e respond to Lender <br />within or days after the date the notice t given, Lender is authorized to collect and upplythe Miscellaneous Proceeds either <br />to "Opposing Party" repair of the Property a 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 parry against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Ban i ower shall be in default if any action or proceeding, whether ci vil or criminal, is begun that, in Lender's <br />jent, could teen It in for le, to v of the Property or other material iripairorent of Lender 's interest in the Propelty or rights <br />u27lhis Securitylnstmment Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender'sjudgmen( precludes forfeiture <br />ofthe Piepertyor other material impaimrci of Leader's interest in the Property or rights under this Security Instrument The <br />proceeds of any award or claim for damages that are attributable to the impairment of lender's interest is the Property are <br />hereby assigned and shall be paid to Lendei. <br />All Miscellaneous Proceeds that are not applied to ostomnon 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. Ixteneion of the time far payment or <br />modification of amortization of the 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 Bormwer. <br />Lender shat l 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 ofthe sums secured by this Security Instrument by reason ofany demand <br />made by the original Borrower or any Successors in Interest of Borrower 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 rot be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Cu- aigners; Successors and Assigns Bound. Burrower covenantaandagees <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 cm- signer"); (a) is co-sigoing this Security Instrumenl only to mortgage, grant <br />and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated <br />to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other BOmllwcr 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 mfSeetion 18, any Successor in Interest of Bormwer who assumes Borrower's obligations <br />under this Serunty Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights andbenefits under <br />this Security Instrument Borrower shall not be re leased Ifom Borr'ower's obligations and I tool Itty under this See only <br />Instrument unless Lender agrees to such release, 0 writing. The covenants and agreements of this Security instrument shall <br />bind (except as provided in Section 20) and benefit the successors and assigns or Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perfonred in connection with Borrower's <br />default, for the purpose ofprotecting lender's interest in the Property and rights under this Security Instrument. including, <br />burner limited u, attomcys' fees, property inspection and valuation fees. In regard to any other fees, the abscncc 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 />chargingof such fee. Lender maynot charge fees that are expressly prohibited bythis Securitylnstrumcntur by Applicable <br />Law. <br />If the Loan is subject to collected a law which cols maximum loan charges, and that law is finally interpreted so that the <br />interest ysu or other loan charges sreduced yt to be collected in connection with the Loan exceed permitted limit; limits, then: (a) <br />any ouch loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limiq and (b) any scans <br />. NEBRASKA -Single family— Fannie MaelFreddie Mae tNIFORM INSTRUMENT Form3028 Idol (p,cw SvfS, a,,) <br />,],l, VU/e3j 111261 <br />(,U 1",'1101 1 li I <br />