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<br />200602428 <br /> <br />Borrower acquires fee title to tbe Property, the leasehold and the fee title shall not merge unless Lender agree:> to the <br />merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower <br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, tbe Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer tbat previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of tbe Mortgage Insurance <br />previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower sball continue to pay to Lender the amount ofthe separately designated <br />payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non.refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for the period tbat Lender requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to <br />make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay tbe premiums <br />required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender <br />providing for such tennination or until tennination is required by Applicable Law. Nothing in this Section 10 affects <br />Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity tbat purchases the Note) for certain losses it may incur <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter <br />into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms <br />and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may bave available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of tbese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />"captive reinsurance.. Further. <br />(a) Any sueh agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, <br />or any other terms of the Loan. Such agreements will not increase the amount Borrower win owe for Mortgage <br />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 />Insurnnec under the Homeowners Protection Act of 1998 or any other law. These rights may include tbe 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 hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of tbe <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair <br /> <br />Initiau, R.~ ~ <br /> <br />Form 3028 101 <br />1400lNE 08/00 <br />"2000, The Compliance Source, Ioc. <br />[Doc 10 6646] <br /> <br />Nebraskn Deed of Trust.Siogle Family-Fannie MaclFrcddie Mac UNIFORM INSTRUMENT <br />-THE COMPLlANCESQURCE, INC.- Page 8 of 14 <br />www.compliancesource.com <br />