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2oioo~3so <br />Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can na longer require loss reserve <br />payments if Mortgage Insurance coverage lin the amount and for the period that Lender requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If <br />Lerider required Mar#gage Insurance as a cvhdition of making the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Horrvwer shall pay the premiums required to maintain Mortgage Insurance in <br />effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written <br />agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender for any entity that purchases the Note) for certain losses it may incur if Borrower does not <br />repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk vn all such insurance in force Pram time to time, and may enter into agreements with other <br />parties that share or modify their risk, or reduce losses. These agreements are nn 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 <br />payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums. <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of <br />any of the foregoing, may receive (directly or indirectly) amounts that derive from for might be characterized as) a portion of Borrower's <br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides 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 />,.. ,. <br />arrangement is often termed "captive reinsurance:" Further: <br />lal Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of <br />the Loan. Such agreements will not increase the amount 8orrvwer will owe for Mortgage Insurance, and they will not entitle borrower to <br />any refund. <br />Ib) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the <br />Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and <br />obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any <br />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 to 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, if the restoration or <br />repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right <br />to hold such Miscellaneous Proceeds until Lender has had an.apportunity to inspect such. Property to ensure the work has been completed <br />tii Lender's satisfaction, provided .that. such inspection shall be undertaken promptly. Lender may pay far the repairs and restoration in e <br />single disbursement or in a series of progress payments es the. work is completed: Unless an agreement is made ih writing or Applicable <br />Law requires interest to be paid oh such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on <br />such Miscellaneous Proceeds. If the restoration or repair is not economically feasible ar Lender's security would be lessened, the <br />Miscellaneous Proceeds shall be applied tv the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />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, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, 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 the Property immediately <br />before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security <br />Instrument immediately before the partial taking, destruction, yr loss in value, unless Harrower and Lender otherwise agree in writing, the <br />sums secured by this Security Instrument shall ba 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 loss in value divided by Ib- the fair <br />market value of the 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 the Property immediately <br />before the partial taking, destructlon, or loss in value is less than the amount of the sums secured immediately before the partial taking, <br />destruction, ar loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, attar notice by Lender to Borrower that the Opposing Party (as detined 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 <br />notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous 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 yr criminal, is begun that, in Lender's judgment, could result in <br />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 <br />proceeding to be dismissed„with a ruling that; in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property yr rights under this Security Instrument.' The proceeds of any award or claim for damages that are <br />attributable to the 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 7: <br />12. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of amortization <br />of the sums secured 6y this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate <br />to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings <br />against any Successor in Interest of Borrower yr to refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Security Instrument by reason of any demand made by the original Borrower ar any 5ucvessars in Interest of Borrower. <br />Any forbearance by Lender in exercising any right ar remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities ar Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of ar preclude <br />the exercise of any right ar remedy. <br />13. Joint and Several Liability; Ca-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 not execute the <br />Note la "co-signer"1: la- is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property <br />under the terms of this Security Instrument; Ibl is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that Lender and any other Harrower can agree tv extend, modify, forbear or make any accommodations with regard to the terms of <br />this Security Instrument or the Nota without the co-signer's consent. <br />Subject to the provisions of Section 1$, any Successor in Interest of 8orrvwer who assumes Borrower's obligations under this <br />Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower'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 />14. Loan Charges. Lender may charge Hvrrower fees for services performed in connection with Borrower's default, for the purpose <br />of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, <br />property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge <br />a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are <br />expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject tv a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan <br />charges collected or to be collected in connection with the Laan exceed the 'permitted' limits, then: (a1 any such loan charge shall be <br />reduced by the amount necessary to reduce the' charge to the permitted limit; end Ib1 any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the <br />Note or by making 'a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a partial prepayment <br />without'ahy prepayment charge (whether ar riot a prepayment charge is provided for' under the Nnte1. Borrower's acceptance of any such <br />NHbRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 6 <br />!t 4 <br />