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241043441 <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur ifBorrower 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 <br />other 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 payments <br />using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity, or 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 ormadifying the mortgage insurer's risk, or reducing lasses. If such agreement <br />provided 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 <br />terms of the Loan. Such agreements will not increase the amount Borrower will awe 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 <br />the homeowners Protection Act of 199$ or any other law. These rights may include the right to receive certain disclosures, to <br />request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to <br />receive a 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 W 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, ifthe restaratian <br />or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the <br />right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's 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 agreement is made in writing or <br />Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. ifthe restoration or repair is not economically feasible or Lender's security would be lessened, <br />the Miscellaneous Proceeds 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: Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, ar lass in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether nr not thegdue, with the excess, if any, paid to Borrower. <br />1n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, ar loss in value is equal to ar greater than the amount ofthe 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 lass 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 he paid to Borrower. <br />1n the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, ar loss in value is less than the amount ofthe sums secured immediately before the partial <br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to <br />the sums secured by this Security. Instrument whether or not the sums are then due. <br />Ifthe 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 natice <br />is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair ofthe 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 <br />in 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 this 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 ofthe sums secured by this Security Instrument granted by !..ender to Borrower or any Successor in Cnterest of Borrower 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 otherwise 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..loint 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 rat 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 teens 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 ar 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 ofBorrower'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 />NEBRASKA -Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MFRS Form 3028 1/01 <br />Page 5 of 8 O Y - ~ i, „ <br />iOS, inc. Borrowers Initials I J(sl fiK---~" <br />