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200214474 Mortgage Insurers evaluate their total risk oa aH such insurance in force from time to time, and may enter into agreements with other parties that share or modify then I i_,k, or reduce losses. These agreements are on teats and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments trim_ any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage huunutoc premiums). Asa result of these agreements. Lender ono p mehouuI'll die note, another insurer, any coinsurer any other emit}, or affiliate of any of the foregoing, may receive (direct y or Inch i ectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insumnec, in exchange for shoring or modifying the mortgage insurer's risk, or reducing losses. If such agreement provided thet tin nlfil late of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement i, often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has— if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain rauccllatiou of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a rchmd of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellancou. Proceeds shall be applied to restoration or repair of the Property, if the rest ..too. or repair is economically feasible and I cndci` security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscell t eous Proceeds until Lender has had an opportunity to impectmen Property to ensure the work has been completed to Lender's 9Misfuction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restin In -,, u..ingl0Jisbursement or in asc,ir, of progress payments as the work is completed. Unless an agreement is made I. writing of Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be require) to illy Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not ecouomica I k I as i hl of I ender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this leaoritpI us a ament, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shat l he appliN in the order provided for in Section 2. In the event of a total taking, destruchoit. of loss in value of the Property, the Miscellaneous Proceeds shell be applied to the sums secured by this See urity Instrument, whcthen3r not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, desimction, a loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by tlIIS Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following tiaction (u) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (hl the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be, paid to Borrower. In the event of a partial taking, destruction. or loss in value of the Property in which the fair market value ofthe Property immediately before the partial taking, destruction, or loss In value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the stuns „tared by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower. ur it alien notice by Lender to Borrower that the Opposing Party (us defined in the next sentence) offers to make an award to sCUlc a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is nnrhoriced to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums sccumd by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes &n cower Miscclfaneous Proceeds or the party against whom Borrower has a rightof action in regard to Miscellaneous P oec -d._ Borrower shall be in default if any action rl r proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or righs under this Security Instrument. Borrower can cure su;hu dcfouh and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be a:smssel with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment ofI Lancet ' iiocirst in the Propertyor rights under this Securitylnstrument The proceeds of any award or claim for damages that are am hulable to the impairment ofLender's interest In the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair or Property shall be applied in theorder provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Secur'uy Bush unt granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to rclema, the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceeding. against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modity amortization 01 the vans secured by this Security Instrument by reason otanydemand made by the original Borrower or any Successors in Ill tuc.t a Borrower. Any forbearance by Lender in exercising any ight or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successorsin Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bejol: t and several- However, any Borrower who co-signs this Security Instrument but does not execute the Note (a'co-ogne: ") rot i,to - signing this Security lnsh 'umentonly to mortgage, grant and convey the co- signer's interest in the Propeny and, I tl it terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; cod (c) agrees that Lender and any other Borrower can agree to extend modify, forbear or make any accommodations with mgurd m the terms of this Security Instrument or the Note without the ce- Sn ens Consent. Subject to the provisions of Section 1 S. any S e Y'C-Or in I merest ofBorrowei who assumes Borrower's obligations under this Security Instrument in writing, and is appm.rod by Leader, shall obtain all of Borrower's rights and Ismefits under this Security Instrument. Borrower shall not he I cicast,dfrom Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in wri Iiir, I lie covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit 11 -- successor and assigns ofLender. 14. Loan Charges. lender may charge Borrower lea for services performed in connection with Borrower's default, for the purpose of protecting Lenders Intel csl in the Property and rights under this Security Instrument- including . but not limited to, attorneys' fees, property inspect on ,no cal cation lees. In regard to any other lees, the absence of express authority in this Security Instrument to charge If s pet tdc Icc to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that tuc c s sly p rohi hired by this Sec only Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the per limit; and (b) any sums NEBRASKA — Single Family — Fannie ManTrediie Mae UNlruii d t l NS'rutN FNT Firm 3028 Vol 1pas,S JSVnX <•i 9754.CV (IN2] 1629231