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2oioo3gs7 <br />insuxance and Borrowex was required to make sepazately designated payments toward the premiums for Moxtgage <br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cast to Borrower of the Mortgage Insurance <br />previously in effect, from an. alternate mortgage insurer selected by Lender, if substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower shall continue tv pay to Lender the amount of the sepazately designated <br />payxents 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. Such 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 earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for the period that Lendex 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 Borrower was <br />required to make separately designated payments toward the premiums far Mortgage Insurance, Borrower shall pay <br />the premiums required to maintain Mortgage Insuxance in effect, or to provide anon-refundable loss reserve, until <br />Lender's requirement for Mortgage Insurance ends in accordance with any wxitten agreement between Borrower and <br />Lendex providing for such termination or until terminations is required by Applicable Law. Nothing in this Section <br />1D affects Borrower's obligation tv pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain lasses it may incur <br />if Borrower does not 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 <br />agreements with other parties that share ox modify their risk, or reduce losses. These agxeements axe on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreements rrtay 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 Nate, another insurer, any reinsures, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fxotax (or might <br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange far sharing or modifying <br />the mortgage insurer's risk, ax reducing losses. If such agreement provides that an affiliate of Lendex takes a share <br />of the insurer's risk in exchange for a share of the gretniurns paid to the insurer, the arrangement is often termed <br />"captive xeinsuxance. " Further: <br />(a) Any sack agreements will not affect the amoun#s that Borrower has agreed to pay far Mortgage <br />Insurance, ar 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 t-espect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1948 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 Lnsurance 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 />1i. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned tp <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration ax repair of the Property, <br />if the xestaratian or repair is economically feasible and Lender's secuxity is not lessened. During such repair and <br />restoration period, Lender shall have the right to bald 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 rzlay pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the woxk is completed. Unless an agreement is made in waiting 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 />Instrument, whether or not then due, with the excess, if any, paid to Boxrowex. Such Miscellaneous Proceeds shall <br />be applied in the oxder provided for in Section 2. <br />In the event of a total taking, destxuction, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secuxed by this Security Instrument, 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 immediately before tlae partial taking, destxuction, ox loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or lass in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument 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 />Pxoperty immediately before the partial taking, destruction, or Ions in value. Any balance shall be paid to Baxrower. <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 immediately before the partial taking, destruction, or lass in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lendex otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />or opt the sums axe then due. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MFRS OOGMagfe ~ aao-sas-r3sz <br />Form 302$ 1/O1 Page 6 of 11 www.dacmagic.com <br />;5p2R.mrd.xm1 <br />