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20100�511
<br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section
<br />10 affects Borrower's obligation to pay interest at the rate provided in the Note.
<br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
<br />if Borrower does not repay che 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 pacties that share or modify their risk, or reduce losses. These agreements are on terms and
<br />conditions that are satisfactory to the mortgage insurer and the other party (ar parties) to these agreements. These
<br />agreements znay require the mortgage insurer to make paymen.ts using any source of funds that the martgage insurer
<br />may have availabla (which may include funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, L.ender, any purchaser of the Note, another insurer, any reinsurer, any other
<br />entity, or any affiliate of any of the foregoing, may receive (directly ar indirectly) amounts that derive from (or might
<br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying
<br />the martgage insurer's risk, or reducing losses. lf such agreement provides that an affiliate of Lender takes a share
<br />of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed
<br />"captive reinsurance." Further:
<br />(a) Any such agreennents will not affect the amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or 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 ret'und.
<br />(b) Any such agreements will not affect the rights Borrower has - iF any - with respect to the Mortgage
<br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
<br />to receive certain disdosures, to request and obtain caneellation of the Mortgage Insurance, to have the
<br />Mortgage Insurance 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 />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
<br />and shall be paid to Lender.
<br />If the Property is damaged, such Misceilaneous Proceeds shall be applied to restoration or repair oP the Property,
<br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
<br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
<br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfact�on, pcovided that
<br />such inspection shall b� undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
<br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
<br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Barrower any
<br />interest or earnings on such Miscellaneous Proceeds. If tha restoration or repair is not economically feasible or
<br />Lender's securiry would be lessened, the Miscellaneous Proceeds shall be applied to the sums s�cured by this Security
<br />Instxument, whether or not then due, with the excess, if any, paid to $orrower. Such Miscellaneaus Proceeds shall
<br />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 sha11 be
<br />applied to the sums secured 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 Properly in which the fair market value of
<br />lhe Properry irnmediately before the partial taking, destruction, or loss in value is equal to or greater than the amount
<br />of the sums secured by this Security Instrument irxunediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrutnent shall be reduced
<br />by the amount af 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 znarket value of the
<br />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
<br />the Property unmediately before the partial taking, destruction, or loss 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 Lender otherwise
<br />agree in writing, the 1VIiscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
<br />or not the suras are then due.
<br />If the Froperty is abandoned by Borrower, or if, after notice by Lend�r to Borrower that the Opposing Party (as
<br />defined in the next sentenc�) offers to make an award to settle a claim for damages, Borrower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miseellaneous
<br />Proceeds either to restoration or repair af the Property or to the sums secured by this Security Instrument, whether
<br />or noC lhen due. "Opposing Party" means the third party that owes Borrower Miscellaneous Pz'oceeds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any actian or proceeding, whether civil or criminal, is begun that, in Lender's
<br />judgrnent, could result in forfeiiure of the Property or other material impairment of Lender's interest in the Property
<br />or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinsfate
<br />as provided in Section 19, by causing the action or proceeding to be dismissed witla a ruling that, in Lender's
<br />judgment, precludes forfeiture of the Properiy or other material impairment of Lender's interest in the Property or
<br />rights under this Security Tnstzvment. The proceeds of any award ar claim far damages that are attributable to the
<br />irnpairment of Lender's interest in Cl�e 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
<br />order provided for in Section 2.
<br />12. }iorrower Not Rcleased; Forbearance By Lender Not a Waiver. Extension of the tunc for payment or
<br />modification of amortization of the sums secured by this Security Instrutt�ent granted hy Lender to Borrower or any
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagiC � soo-sas-p3sz
<br />Form 3028 1/01 Page 6 of 11 www.docmagic.com
<br />Ne3U26.dot.xml �- �" ��
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