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2oo9ososs <br />insurrvr and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any <br />source of 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 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 <br />for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provided <br />that an 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 <br />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 any other <br />terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not <br />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 under the <br />Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request <br />and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of 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 <br />Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or <br />repair is economical ly feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right <br />to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law <br />requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />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. <br />Such Miscellaneous 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 shall be applied to the sums <br />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 ofthe Property immediately <br />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 <br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured <br />by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total <br />amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property immediately before 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 <br />before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this 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 <br />sentence) 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 <br />is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums <br />secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous <br />Proceeds or the party 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 <br />forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. <br />Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding <br />to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's <br />interest in the Property or rights under th is Security Instrument. The proceeds of any award or claim for damages that are attributable to the <br />impairment of Lender's interest in the Property 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 <br />Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest ofBorrower shall <br />not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence <br />proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwi se modify amortization of the <br />sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments <br />from third persons, entities or Successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />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 <br />NEBRASKA -Single Family-Fannie Maa/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 6 of 9 ~ /,~ <br />ios, inc. Borrower(s) Initials ~~/'(/~/~]y`~ <br />