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200805387 V3 NBCO LOAH . 502142852 risk In exchange for a share ofthe premiums paid to the Insurer, the arrangement Is often termed "captive reinsurance.. Further: (a) Any such agreements will not affect the amounts that Borrower haa agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not IncreaM the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agruments will not affect the rights Borrower has - If any. with respect to the Mortgage Insurance under the Homeowners ProtecUon Act 011998 or any other law. ThMe rights may Include the right to receive certain disclosure.. to requHt and obtain cancellstlon of the Mortgagelnaurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mol1gagelnsurance premiums that were unearned at the Ume of suoh oancellaUon or termination. 11. Aaalgnment 01 MJacellaneoua Procuda; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lander. If the Property Is damaged, suoh Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and lender's security is not lessened. During such repair and rHtoration period, L.ender shaD have the right to hold such Mbcellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restomtion In a single disbursement or In a series of progress payments as the work is completed. Unless an aglVementis made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not eoonomlcally feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for In Section 2. 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 by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. In the event ofa pardaltaking, destruction, or 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 this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss In value divided by (b) 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 ofthe Property in which the fair market value of the 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 sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lenderto Borrowerthatthe Opposing Party (as defined In the next sentence) offers to make an award to selUe a claim for damages, Borrower fails to respond to Lender wlthln 30 days after the date the notice is given, L.ender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, Whether or not then due. "Opposing Party. means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be In default If any action or proceeding, whether civil orcrimlnal,ls 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 rights under this Security Instrument. Borrower can cure such a default and, if aoceleratlon has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material Impairment of L.ender's Interest In the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of lender'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 of the Property shall be applied in the order provided for In Section 2. 12, Borrower Not Released; Forbearance By Lendor Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any right or remedy including, without limitation, lender's acceptance of payments from third persons, entities or Sucoessors In Interest of Borrower or in amounts less than the amountthen due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. JoInt and Several Uabllltyj Ccrelgnere; Successors and Aaalgna Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be Joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co~sjgner"); (a) is co.signlng this Security Instrument only to mortgage, grant and convey the co-signer's Interest In the Property under the terms 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 other Borrower can agree to extend, modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-slgner's consent. Subject to the provisions of Section 16, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument In writing, and Is approved by Lender. shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release In writing. The covenants and agreements of this Security l_~' ,hoD bM Ie....,,' .. >""",ed to section 20) "'" benem "e ,,,,..."" end ........ at Lend~ NEBRASKA-slngle FllI11Ily-F.nnle M../Ffllddl. M.I: UNIFORM INSTRUMENT Form 30281/01 In! tiaIal 3. Cl1_2007 Onlln. Docomentll, Ine. Page 6 of 9 NEEDEED 06-17-2008 10126 I ! I ~ -17-85 I I !