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100025440004064371
<br />0041039496
<br />201007238
<br />As a result of these agxeeutents, Lender, any puxchasex of the Note, another insurer, any reinsures, any
<br />other entity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) amounts that derive
<br />from (or might be characterized as) a portion of Hnrrower's payments for Mortgage Insurance, in exchange
<br />for 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 fnx a share of the premiums paid to the
<br />insurer, the arrangement is often teamed "captive reinsurance." 1~urther:
<br />(a) Any such agreements will not affect the amounts that Borrower has geed to pay for
<br />Mortgage Insurance, ar any other terms of the Lawn. Such agreements will not increase the amount
<br />Borrower will owe for Mortgage Insurance, and Wey will twt entitle Harrower to any refund.
<br />(b) Any such agreements will not affect the rights Borrower has - if any -will! respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 19913 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 Durance terminated automatically, and/or to receive a refund of any
<br />Mortgage Durance premiums that were unearned at the time of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeitnre. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration, or xepaix of the
<br />Propexty, if the restoration or repair is economically feasible and Lendex's security is not lessened. During
<br />such repair and xestoration period, Lender shall have the right to hold such Miscclhtnenus 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 ar in a series of progress payments as the work is completed. Uriless an
<br />agreement is made in writing nr Applicable Law requixes intexest to be paid on such Miscellaneous Proceeds,
<br />Lender shall not be required to pay Borrowex 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 Pxaceeds shall be applied in the order provided fnx iitt
<br />Section 2.
<br />In the event of a fatal takitrg, destruction, or lass iw value of the Propexty, 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 Harrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
<br />value of the Pxoperly immediately before the partial taking, destruction, or loss in value is equal to or greater
<br />than the amount of the sums secured by this Secuxity Instrument immediately befaxe the partial taking,
<br />destruction, or loss in value, artless Borrower anal Lexrdex otitexwise agree in writing, the sums secured by this
<br />Security Iustxument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
<br />following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction,
<br />or loss in value divided by (b) the fair marlaet value of the Property immediately before the partial taking,
<br />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
<br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />secured by this 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, $orrower fails
<br />to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
<br />apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrument, whether ar not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the paxty against whom Harrower has a right of action in regaxd to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default if any action or procceding, 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 l9, by causing the action or proceeding to be dismissed with a
<br />NEBRASKA -Single Family -Fannie MaalFreddle Mac UNIFORM INSTRUMENT WI ER3
<br />-8A(NE) toe~o~ Page 9 of 15 mmais: Form 3028 1/01
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