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�O10U7414 <br />insurance and Borrower was required to makc separately desi�ated paymcncs toward the premiums for Mortgage <br />Insurancc, Borrowcr shall pay the premiums required w obtain covcrage substantially equivalcnt to the Mortgage <br />Insurancc prcviously in cffcct, at a cost substantially equivalent to thc cost to Borrowcr of thc Mortgage lnsurance <br />prcviously in cffcct, from an alternate mortgage insurer selected by Lcnder. If substantially cquivalent Mortgage <br />Insurance covcragc is not availahle, Borrower shall continue tp pay to Lendcr thc amount of thc scparatcly designated <br />payments thut were due when the insurancc coverage ceased to be in effect. Lcndcr will accept, use and retain these <br />payments as a non-refundahle loss rescrvc in ]icu of Mortgage lnsurAnce. Such loss reserve shall be non-refundablc, <br />notwithstanding the fact that thc Loan is ulumately paid in full, and Lender shall not be reGuired to pay Borrower any <br />interest or earnings on such ]oss rescrve. Lcndcr can no longcr require loss reserve payments if Mortgage insuranec <br />covcrage (in the amount and for the peripd that Lender rcquires) provided by an insurer selected by Lender again <br />becomcs available, is obtaincd, and Lender requires scpazatcly designated payments toward the premiums for <br />Mortgage Insurance. If Lender required Nlortgage insurance as a condition of making thc Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay <br />the premiums required w maintain Mortgage Insurance in effect, or to providc a non-rcFundablc loss rescrvc, until <br />Lender' s reGuirement for Mvrtgage Insuranec ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this SecUon <br />10 affccts Borrowcr's obligation w pay interest at che rate providcd in the Note. <br />Mortgage Insurancc rcimburses Lender (or any cntity that purchases the Note) for certain losses it may incur <br />if Borrowcr docs not rcpay thc Loan as agreed. Borrower is not a party to the Mortgagc Insurancc. <br />Mortgage insurcrs cvaluate their total risk on all such insuranee in forcc from timc to timc, and may enter into <br />agrccments with othcr paztics that share or modify their risk, or reducc losses. Thcsc agrecmcnts arc on terms and <br />conditions that are satisfactnry to the mortgage insurer and the other party (or parties) to these agreements. Thesc <br />agreements may require the mortgage insurer to make payments using any souree of funds that the mortgagc insurcr <br />may have available (which may include funds obtained from Mortgage insurance premiums), <br />As a result of these agreements, Lendcr, any purchaser of the Note, another insurer, any reinsurer, any othcr <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of I3orrower' s payments for Mortgage Insurance, in exchange for sharing or modifying <br />fhe mortgage insurer's risk, or reducing losscs. If such agrcement provides that an affiliate of Lender takes a share <br />vf the insurer's risk in exchange for a shaze of thc premiutns paid to the insurer, the arrangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insuwance, or any othew terms pf the Loan. Such agreements will not increase the amount Borrower will owe <br />for Mo� Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower hss - if any - with respect to the Mortgage <br />Insurance under the Hameuwners Protection Act of 1998 or any other law. These rights may include the right <br />tn receive certain disclosures, to request and obtain cancellativn of the Martgage Insurance, to have the <br />Mortgage Insurance terminated automatically, and/or to receive e refund of any Mortgsge Insurance premiums <br />that were uaearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If thc Property is damagcd, such Miscellaneous Procccds shal] be applied to restoration or repair of the Property, <br />if the restoration or repair is cconomically fcasiblc and Lender's security is not lessened. During such repair and <br />restoration period, Lcndcr shall have the right to hold such Misccllaneous Procceds until Lcndcr has had an <br />opportunity to inspcct such Property to ensure the work has becn completed to Lender's satisfaction, provided that <br />such inspection shall be undcrtaken promptly. Lendcr may pay for the repairs and restoration in a single disbursement <br />or in a serics of progress paymcnts as the work is complcted. Unlcss an agreement is made in writing or Applicable <br />Law rcquires interest to be paid on such Miseellancous Procceds, Lender shall not be required to pay Borrower any <br />interest or carnings on such Misccllaneous Procccds. IF the restoration or repair is not economically feasible or <br />Lcndcr' s sccurity would bc ]csscned, the Miscel laneous Proceeds shal] bc applied to thc sums sccurcd by this Security <br />Instrument, whethcr or not then due, with the excess, if any, paid to Borrowcr. Such Misccllancous Procecds shall <br />bc applicd in thc ordcr provided for in Section 2. <br />In the evcnt of a total talcing, destruction, or loss in value of the Property, thc Misccllancous Procccds shal] be <br />applied to thc sums secured by this Security Instrument, whether or not then duc, with the exccss, if any, paid to <br />Borrower. <br />In the event of a partial taking, dcstruction, or ]oss in value of the Property in which the fair �narket value of <br />the Property immediately before thc partial taking, destruction, or ]oss in vnlue is equal to or greater than the amount <br />of the sums secured by this Security Instrumcnt immcdiatcly bcforc the partial mking, destruction, or loss in value, <br />unlcss Borrowcr and Lcndcr otherwise agree in writing, the sums sccurcd by this Security Instrumcnt shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fracGon: (a) thc total amount of thc sums <br />sccured immcdiaccly be£ore the partial taking, destruction, or loss in valuc dividcd by (b) Che Fair market valuc of thc <br />Property immediately befure the partial taking, destructivn, or Ipss in valuc. Any balance shall be paid w Borrowcr. <br />in the event of a partial taking, dcstruction, or ]oss in value of the Property in which the fair market value of <br />the Property immediately before thc partial taking, destruction, or loss in value is less than the amount of the sums <br />sccured immcdiatcly beforc the partial taking, destructiun, or loss in valuc, unless Borrowcr and Lendcr otherwise <br />agrec in writing, thc Misecllaneous Proceeds shull be applied to the sums sccurcd by this Sccuricy Instrument whether <br />or not the sums arc then due. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS ppcMagic �vuuma aoo-easnsea <br />Form 3028 1/01 Page 6 of 11 www.dxmaglc.com <br />�U <br />�'.. <br />�� <br />