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2oos~o2si <br />terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage lnsurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any <br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive <br />from (or might be characterized as) a portion of Borrower's payments for Mortgage lnsurance, in exchange for <br />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 <br />insurer, the 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 <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will <br />owe for Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the 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 disclosures, to request and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage lnsurance terminated automatically, and/or to receive a refund of any <br />Mortgage lnsurance 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 <br />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 <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />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 <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />bender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />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 <br />excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in <br />Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if <br />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 <br />of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than <br />the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, <br />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: <br />(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value <br />divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss <br />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 <br />of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of <br />the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />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 <br />Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respoud to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />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 <br />Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest <br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration <br />has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a <br />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 <br />for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and <br />shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in <br />the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment <br />or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any <br />Successor in interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any <br />Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including, <br />without limitation, bender's acceptance of payments from third persons, entities or Successors in Interest of <br />Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and <br />NEBRASKA- Single Family - FannleMae/FreddleMac UNIFQRM INSTRUMENT <br />Form 3D28 1/01 ~~ <br />Laser Forms Inc. (800) 4as-x555 / <br />LFI #FNMA3D28-L 1l01 Page 8 of 9 Initials: ~~ <br />