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<br />200901401
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<br />Any amounts disbursed by Lender lmder this Section 9 shall become additional debt ofBorrower secured by
<br />this Security Instmmellt. These amounts shall bear interest at the Note mte from the date of disbursement and shall
<br />be payable, with such interest, upon notice from Lender to Borrower reqnestin~ payment.
<br />If this Security lnstnunent is on a leasehold, Borrower shall comply With all the provisions of the lease. If
<br />Borrow~r acql!ires fee title to the Property, the leasehold and the fee title sliall not merge uOless Lender agrees to the
<br />merger m wntmg.
<br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
<br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
<br />Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
<br />provided such insurance and Borrower was required to make separately designated payments toward the premiums
<br />for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to lhe
<br />Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
<br />Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
<br />Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
<br />designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
<br />retain these payments as a non~refundable loss reserve in lieu ofMort~age Insurance. Such loss reserve shall be llon~
<br />reftmdable, notwithstanding the fact that the Loan is ultimately paid 1ll full, and Lender shall not be required to paX
<br />Borrower any interest or earnings 011 such loss reserve. Lender can no longer require loss reserve payments If
<br />Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided byan insurer selected
<br />by Lender again becomes available, is obtained, and Lender requires separately desi~ated payments toward the
<br />premiums for Mort~age Insurance. If Lender required Mortgage Insurance as a conditton of making the Loan and
<br />Borrower was requucd to make separately designated payments toward the premiums tor Mortgage Insurance,
<br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable
<br />loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
<br />between Borrower and Lender providing for such tennination or until termination is required by Applicable Law.
<br />Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
<br />Mortgage Insurance reimburses Lender (or any entltytl1at purchases the Note) fur certain losses it may incllr
<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 agreCIllents with other parties that share or modity 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 have available (which may include funds obtained from Mortgage Insurance premiwns).
<br />As a result of these agreements, Lender, any purchaser of the note. another insurer, any reinsurer, any other
<br />entity, or affiliat~~ of any ofthe foregoin~, may receive (directly or indirectly) amounts that derive from (or ml~t be
<br />characterized as) a portion of Borrower s payments for Mortgage Insurance, in exchange for sharing or modifying the
<br />mortgape insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share ofthe
<br />insurer s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive
<br />reinsurance." Further:
<br />(a) Any such agreements will not affect tbe amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other terms ofthe Loan. Such agreements will not increase the amount Borrower will owe
<br />for Mortgage Insurance, and they will Dot entitle Borrower to any refund.
<br />(b) Any such agreements will not affeet tbe rights Borrower has - if any - with respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
<br />include the right to receive certain dbdosures, to request and obtain CllnceUatbn of the Mortgage Insurance;
<br />to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage
<br />Insurance premiums that were unearned at the time of such cancellation or termination.
<br />11, Assignment of Miscellant.'Ous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Propertr is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
<br />Property, if the restoration or repair is economically feasible and Lender's secunty is not lessened. During such repair
<br />and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
<br />opportunity to inspect such Property to ensltte the work has been completed to Lender's satisfaction, provided that
<br />such inspection shall be lmdertaken promptly. Lender may pay for the repairs and restoration in a sin~le
<br />disbursement or in a series of progress payments as the work is completed. VOless an agreement is made in writmg
<br />or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required 10 pay
<br />Borrower any interest or eumings 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
<br />this Security IUstJ1unent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
<br />Proceeds shall 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 shaH
<br />be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any, paid to
<br />Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial takins, destruction, or loss in value is equal to or greater thau the amount
<br />of the sums secured by this Secwity Instrument llllmediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums Secltted by this Security Instrument shaH be
<br />reduced by the amount ofthe Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the
<br />sums secured iUl.mediatelY before the partial taking, destLUction, or loss in value divided by (b) the fair market value
<br />of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to
<br />Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
<br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secmed by this Security Instrument whether
<br />or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by L~der to Borrower that th.e .Opposing Party
<br />(as define~ in the next sentence) offers to m. .ake. an .award to set~e a claJ.tl!- for damages, Borrower fads to respond to
<br />Lender wItbm 30 days after the date the 110tlce IS gIVen, Lender IS authonzed to collect and apply the MIscellaneous
<br />Proceeds either to restoration or repair ofthe Property or to the sums secured by this Security Instnunent, whether or
<br />not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Borrower has a rililit of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in derault if any at..'tion or proceeding, whether eivil or criminal, is begun that, in: Lender's
<br />judgment, could result in forfeiture of the Property or other material impairment of Lender , s interest in the Property
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<br />I 7213.CV (3/06)
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<br />03.1064
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<br />Form 3028 1/01 (page 5 <>/8 pages)
<br />Creative Thinking, lu~.
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<br />NEBRASKA-Single Family~FanDie Mae/Freddl,e Mae UNIFORM INSTRUMENT
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<br />GOTO(OO 1 46f3.)
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