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<br /> 200909552
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<br /> payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage' Insurance in
<br /> effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written
<br /> agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Lew. Nothing in this
<br /> Section 10 affects' Borrower's 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 does not
<br /> 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 with other
<br /> parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the
<br /> mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make
<br /> payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
<br /> 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
<br /> any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
<br /> payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br /> provides 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
<br /> 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 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 any
<br /> 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 economically 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
<br /> to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
<br /> single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
<br /> Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on
<br /> such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
<br /> Miscellaneous Proceeds shall be applied to the sums secured by`this'5ecurity Instrument,. whether or not then due, with the excess, if any,
<br /> paid to Borrower. Such Miscellaneous Proceeds shall ba'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 of the Property in which the fair market value of the 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
<br /> Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br /> sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br /> fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
<br /> market value of the 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
<br /> notice'is.-given, Lender is authorized to collect and apply the Miscellaneous Proceeds' either to restoration or repair of the Property or to the
<br /> sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br /> Miscellaneous 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
<br /> proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
<br /> Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
<br /> attributable to the 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 amortization
<br /> of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate
<br /> to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings
<br /> against any Successor in Interest of Borrower or to refuse' to extend time for payment or otherwise modify amortization of the sums
<br /> secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.
<br /> Any forbearance by Lender in exercising any right or'remedy including, without limitation, Lender's acceptance of payments from third
<br /> persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude
<br /> 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 /> Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
<br /> under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
<br /> agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of
<br /> this Security Instrument or the Note 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
<br /> Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.
<br /> Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
<br /> in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the
<br /> successors and assigns of Lender.
<br /> 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose
<br /> of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,
<br /> property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge
<br /> a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
<br /> expressly prohibited by this 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
<br /> charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be
<br /> reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
<br /> exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
<br /> Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment
<br /> without any prepayment charge (whether or not a prepayment charge is provided for under the Note. Borrower's acceptance of any such
<br /> refund made by direct payment to Borrower will constitute a waiver of any right' of action Borrower might have arising out of such
<br /> overcharge.
<br /> 15.. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to
<br /> Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
<br /> NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
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