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2oiooo4sl <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Ii>Ltiurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previously in effect, from an alternate mortgage usurer selected by Lender. If substantially equivalent Mortgage <br />insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated <br />payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as anon-refundable loss reserve in lieu of Mortgage Insurance. 5~1ch loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earrings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage lnsurance <br />coverage (in the amount and for the period that lender requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and $orrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />the pretiums xequired to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until <br />Lender's requirement for Mortgage latiurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section <br />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 <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage intiurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />condition.5 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 premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed <br />"captive reirl.5urance." 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 owe <br />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 Mortgage <br />lnsurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums <br />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 <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is eulnonlically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold. such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that <br />such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is trade in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration. or repair is not economically feasible or <br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />lnstruntent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall <br />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 <br />applied to the sums secured by this Security lnstrumettt, 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 inunediately before the partial taking, destruction, or loss itt value is equal to or greater than the alttount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security It>`strument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />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 <br />the Property inunediately before the partial taking, destruction, or loss in value is less than the amount of the sutras <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 secured. by this Security Instrument whether <br />or not the sumti are then due. <br />Borrower Initials: /~~ \(j,,~ <br />NEBRASKA--Single Family--Fannie Maa!Freddie Mac UNIFDRM INSTRUMENT - MERS DvcMagic ~r xTtTih~i soo s4s-~ssz <br />Form 302$ 1/01 Page 6 of 11 www.docmagic.com <br />rv~~za.n~za.~~a <br />