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<br />200706666 <br /> <br />designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making <br />the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non~refundable loss reserve, <br />until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender <br />providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's <br />obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower <br />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 into agreements <br />with other parties that share or modi fy their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory <br />to thc mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer <br />to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from <br />Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser ofthe Note, another insurer, any reinsurer, any other entity, or any <br />affi liate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion <br />of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifYing the mortgage insurer's risk, or reducing <br />losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />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 Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, <br />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 Insurance <br />under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall <br />be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender <br />shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Propeliy to ensure the <br />work has been completed to Lender's satisfaction, provided that such inspection shall be undeltaken promptly. Lender may pay for <br />the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, ifany, paid to Borrower. Such Miscellaneous Proceeds shall be applied in <br />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 applied to <br />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 ofthe Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums secured by this <br />Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied <br />by the following fraction: (a) the total amount of the sums secured immediately bef()re the partial taking, destruction, or loss in value <br />divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance <br />shall be 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 Property <br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before <br />the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by BOITower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in <br />the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after <br />the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of <br />the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br /> <br />NEBRASKA.-Single Family--Faunie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1101 (Page 6 of 10 Pages) <br />(R&A) RAOI96213 - sicmers,ne - Rev. 11114/2005 <br /> <br />/fl/~ <br />j;j <br />