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2oioois~4 <br />vl vrscv z,o~ Ik soasa641B <br />risk in exchange for a share of the premiums paid to the insurer, the arrangement is oaten termed "captive reinsurance." <br />Further: <br />(a} Any sash agraemerats will not affect tha amourrts that Borrower has agreed to pay for Mortgage <br />Inaurantre, or any ether farms of ate loan. Such agroements will not Increase the amount Borrower will awe for <br />Mortgage Insurance, snd may will not entitte Borrower to any refut>ut. <br />(b) Any such agreatnarrts wMt not affect iha rights Barrorw- has - if any - with respect to ifw Mortgage <br />Insurance under tfaa F~maowtwra prntradon Ant of 1998 or any tsMta~ few. These dgfrta may fntfude the right fa <br />raceiva certain ttisclosuraa, to ragtwlst and obtain canceflatlon of tfw Mortgage Insurance, to have the Mortgage <br />Insurance tennlnated autamattcally, and/or to rsoslve a refund of any Mortgage Insurance premiums that wars <br />unearned at the thrre of such canceflatlon or termination. <br />11. Assignment of Miscellaneous Proceada; Fortefturo. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lander. <br />H the Property is damaged, such Misceganeous Proceeds shall be applied to restoration or repair of the Property, <br />H the restoration to repair is economicagy feasible snd Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hokf such Miscellaneous Proceeds until gender has had an opportunity <br />to inspect such Property to ensure the work has been completed to Lender's satiefactior-, provided that such inspection <br />shall be undertaken promptly. Lender may pay for the repairs and restoration fn a single disbursement ar in a series of <br />progress payments sa fhework is completed. Unless an agreement is made in writing or Applicable Law requires interest <br />to be p~ vn such Mls~ i'racaads, Lender shag not by required to pay Harrower any interest or earnings on <br />such Miscellaneous Proceeds. if the restoration or repair is not economically leasable or Lender's security would be <br />lessened, the Misceganeous Proceeds shag be appled to the sums secured by this Security Instrument, whether yr not <br />then due, with the excess, i} any, paid to Borrower. Such Miscellaneous Proceeds shall be appgeci in the order provided <br />far in Section 2. <br />In the event of a fatal felting, destruction, or kris in value of the Property, the Miscellaneous Proceeds shag foe <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, 'rf any, paid to <br />Borrower. <br />In the event of a partaltaking, destruction, or loss in value of the Property in which the fair market value oTthe Property <br />immediately before the partial taking, destruction, or lass In value is equal to or greater than the amount of the sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or hoes in value, unless Borrower <br />and Lender otherwise agree in writing, the sums secured by this Security instrument shag be reduced by the amount <br />of the Miscellaneous Proceeds multiplied by the fogowing tracticn: {a) the total amount oithe sums secured immediately <br />before the partial taking, destruction, or lass in value divided by (b) the fair market value of the Property immediately <br />before the partial taking, destruction, or loss in value. Any balance shall be paid tv Borrower, <br />In the event of a partial taking, destructor, or loss in value ofthe Property inwhich the fa'u maritetvalue of the Property <br />immediately before the partial taking, destruction, or Ices in value is less than the amount of the sums secured <br />immediately before the partial taking, destruction, or loss in value, unless Harrower and Leader otherwise agree in <br />writing, the Miscellaneous Praceeda shalt be applied to the sums secured by this Security Instrument whether or not <br />the sums are then due. <br />Hthe Property is abandoned by Horrower, or if, after mace by Lender to Borrower that the Apposing Party (as defined <br />in the next. sentence) offers to make an award to Bettie a claim for damages, Borrower fags to respond ~ Lender within <br />30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Prot~eds either <br />to restoraton ar repair of the Property yr to the sums secured by this Security Instrument, whether or net then due. <br />"ppposing Party.' means the third patty that awes Borrower Miscellaneous Proceeds ar the party against whom <br />Borrower has a right of action in regard to Miscegatleous Prntxaeds. <br />Borrower shall be in defaultrfany action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, <br />could result in forfeiture of the Property or other material impairment of Lender's interest in the Property tar rights under <br />this Security instrument, Harrower can cure such a defauR and, if acceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's Judgment, precludes <br />forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security <br />Instrument. The proceeds of any award or claim for damages that are attributable tv the Impairment vt lender's interest <br />in the Property are hereby assigned and shell 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 <br />provided for in Section 2. <br />12. Borrower Nat faeteased; Forbearance By Lender Not a Waiver. Eadenslon of the time fat payment ar <br />modification of amortization of the sums secured by this Security Instrument granted by lender to Horrawer ar any <br />Successor in interest of Borrower shall not operate to release the liability of Horrpwer ar any Successors in Interest ci <br />Horrower- Lender shall not be required tv corrunenca proceedings against any Successor in Interest of harrower ar to <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Horrower or any Successors in Interest of Borrower. Any forbearance by <br />Lander in exercising any right or remedy includ'mg, without Ihtaitation, Lender's acceptance of payments from third <br />persons, entities tar Successors in Interest of Harrower or in amounts less than the amount then due, shall not be a waiver <br />of ar preclude the eaoerttiae of any right ar remedy. <br />13. Joint and Savaraf Lfabilfly; Co-stgnera; Succaasara and Assigns Bound. Harrower covenants and agrees <br />that Borrower's obligations and liablity shag be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the Note (a "cc-signer': {a) is co-signing this Security Instrument only to mortgage, <br />grant and conveythe co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that lender and any other i3arrawer can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or <br />the Nvte without the co-signer's consent. <br />Subject to the provisions of Section 1 ti, any Successor in Interest of Borrower who assumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits <br />under this Security Instrument. Borrower shall not be released ham Harrvwer's obligations and liability under this <br />Security Instrument unless Lander agrees to such release in writing. The covenants and agreements of this Security <br />Instrument shall bind (except as provided in Section 2D) and benefit the sut:cassors and assign: of Lender. <br />NEBRASKA-Single FemNy-Fannlo Mlav/Fraddp Mac UIpPpRM Ir~TRW1A~HT Fa'm 30267/0'1 lnitiulstr ~,-~ <br />® 1896-24p~ Online Dacumer~te, Inc. Page 6 Of 9 NEEDEED 0705 <br />03-09-2010 9:39 <br />