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201047985
<br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve
<br />in lieu of Martgage Insurance. Such loss reserve shall be non-refundable, notwithstanding thc fact that the Loan is ultimately paid in full,
<br />and Lender shall noC be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve
<br />payments if Mortgage Insurance coverage (in 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 Martgage Insurance. If
<br />Lender required Mortgage Insurance as a condition of making Che Loan and Borrower was required to make separately designated payments
<br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to
<br />pravide a non-refundable loss reserve, until l,ender's requirement for Mortgage Insurance ends in accordance with any written agreement
<br />between Sorrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in Chis Section 10
<br />affects Borrower's abligation 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 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 on all such insurance in force from time to time, and may enter into agreements with
<br />other parties that share or modify their risk, or reduce losses. These agreements are on 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 payments
<br />using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
<br />premiums).
<br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurer, any other entity, or affiliate of
<br />any of the foregoing, may receive (directly or indirectly) amounts that derive from (or 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 />provided 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, th�
<br />arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will npt affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other
<br />terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not
<br />entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under
<br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, ta
<br />request and obtain cancellation of the Mortgage Insurance, to have the Martgage Insurance terminated automatically, and/or to
<br />receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
<br />l 1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Froceeds 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
<br />or repair is economically feasible and Lender's security is not lessened. Durang such repair and restoration period, Lender shall have the
<br />right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been
<br />completed to Lender's sarisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
<br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or
<br />Applicable Law requires interest ta be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or
<br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not ecanomicaliy feasible or Lender's security would be lessened,
<br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
<br />any, 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 ta 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 Praperty in which the fair market value of the Property
<br />immediately 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, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br />sums secured by this Security Instrument shall be 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 (b) the fair
<br />market value of the Property immediately before the partial taking, destructian, 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
<br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediatcly before the partial
<br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, thc Miscellaneous 1'roceeds shall be applied to
<br />the sums 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 Party (as defined in thc next
<br />sentence) offers to makc an award to settle a claim for damages, Borrower fails ta respond to Lender within 30 days after the date the notice
<br />is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
<br />secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
<br />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 or criminal, is begun that, in Lender's judgm�nt, could result
<br />in 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 proceeding
<br />to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to thc
<br />impairment of Lender's interest in the Praperty are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order provided far in
<br />Section 2.
<br />12. Borrower Nat Released; Forbearance By Lender Not a Weiver. �xtension of the time far payment or modification of
<br />amortization oFthe sums secured by this Security Instrument granted by l.ender to Borrower or any Successor in Interest of Borrower shall
<br />not operate to release the liability of Borrower or any Successors in Interest of Borrower. I.ender shall not 6e required to commence
<br />proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the
<br />sums secured by this Security Instrument by reason of any demand made by the original Barrower or any Successors in Interest of
<br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments
<br />from third persons, entities or Successors in Interast of Borrower or in amounts less than the amount then due, shall not be a waiver of or
<br />preclude the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's
<br />obligatians and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the
<br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS
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<br />ios, i��. Borrower(s) Initials
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