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<br />200803087
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<br />that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
<br />the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of
<br />funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of
<br />the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for
<br />Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
<br />affiliate of Lender takes a share 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 such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of
<br />the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to
<br />any refund.
<br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the
<br />Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and
<br />obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of
<br />any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and 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 the restoration or repair is
<br />economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such
<br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
<br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
<br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
<br />paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If
<br />the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the
<br />sums secured by this Security Instrument, whether 0( not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
<br />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 applied to the sums secured
<br />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 of the Property in which the fair market value of the Property immediately before
<br />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
<br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
<br />Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before
<br />the partial 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 of the Property in which the fair market value of the Property immediately before
<br />the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or
<br />loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
<br />Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)
<br />offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
<br />Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture
<br />of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a
<br />default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling
<br />that, in Lender's jUdgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
<br />Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
<br />are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of
<br />the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release
<br />the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor
<br />in Interest of Borrower or to refuse to extend time for paymentur othl;frwlse modify amortiUttrQ"n of the sums secured I5Yffiis Security Instrument by
<br />reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any
<br />right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or
<br />in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and AssIgns Bound. Borrower covenants and agrees that Borrower's
<br />obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a
<br />"co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms
<br />of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
<br />other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note
<br />without the co-signer's consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security
<br />Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall
<br />not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The
<br />covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of
<br />Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of
<br />protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property
<br />inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
<br />Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this
<br />Security Instrument or by Applicable Law.
<br />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
<br />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
<br />amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits
<br />will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
<br />payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether
<br />or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing. Any notice to Borrower
<br />in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually
<br />delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless
<br />Applicable Law expressly requires otherwise. The notice address Shall be the Property Address unless Borrower has designated a substitute
<br />notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for
<br />reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be
<br />only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by
<br />mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in
<br />connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice
<br />required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding
<br />requirement under this Security Instrument.
<br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the
<br />jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and
<br />
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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