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201008�52 <br />v2 WBCD LOAN # 503036327 <br />risk in exchange for a share of the premiums paid ta the insurer, the arrangement is often termed "captive reinsurance." <br />Furkher: <br />(a) Any such agreaments will not affect the amaunts that Borrower has agreed to pay for MorCgage <br />Insurance, or any ather terms of the Loan. Such agreements wlll not Increase the amount Borrower wlll awe for <br />Mortgage Insurance, and they wlll not entitle 8orrower to any rafund. <br />(b) Any suoh agreements wlll not affect the rights Borrower has - If any - wlth raspect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rlghts may include the right to <br />recalva certaln disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance tarminated automatically, and/or ta receive a refund of any Mortgage Insurance premlums that were <br />unearned at the time of such cancellation or terminatlon. <br />11. Assignment of Mtscellaneous Proceeds; ForfelturQ. All Miscellaneous Praceeds are hereby assigned to and <br />shall be paid ta Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is ecanamically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the rightto hold such Miscellaneous Proceeds until Lender has had an opportunity <br />to inspect such I'roperty to ensure the work has been completed to Lender's satisfaction, pravided that such inspection <br />shall be undertaken promptly. Lender may pay far the repairs and restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing orApplicable Law requires interest <br />to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Barrawer any interest or earnings on <br />such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be <br />lessened, the Miscellaneous Proceeds shall be applied t� the sums secured by this Security Instrument, whether or not <br />then due, with the excess, if any, paid ta Barrower. Such Miscellaneaus Proceeds shall be applied in the order provided <br />for in Section 2. <br />In the event af a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall 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 ofthe Praperty in which thefair marketvalue ofthe Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums <br />secured by this Security Instrument immediately before the partial taking, destructian, ar loss in value, unless Borrower <br />and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount <br />ofthe Miscellanenus Praceeds multiplied by the fallowing frac#ion: (a) the total am�unt ofthe sums secured immediately <br />before the partial taking, destructian, or loss in value divided by (b) the fair market value of the Property immediately <br />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, ar loss in value ofthe Property in which thefair market value ofthe Praperty <br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured <br />immediately before the partial taking, destruction, or lass in value, unless Borrawer and Lender otherwise agree in <br />writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not <br />the sums are then due. <br />Ifthe Property is abandoned by Borrower, or if, after notice by Lenderto Borrowerthatthe Oppasing Party (as defined <br />in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within <br />30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restoration or repair nf the Property or to the sums secured by this Security Instrument, whether or not then due. <br />"�pposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against wham <br />Borrower has a right of action in regard to Miscellaneous Pr�ceeds. <br />Barrnwer shall be in default if any action or proceeding, whether civil ar criminal, is begun that, in Lender's judgment, <br />cauld result in forfeiture of the Property or other material impairment of Lender's interest in the Praperty ar rights under <br />this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes <br />forfeiture of the Property or other material impairment of Lender's interest in the Property ar rights under this Security <br />Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest <br />in the Property are hereby assigned and shall be paid to Lender. <br />All Misc�llaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order <br />provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Walver. �xtension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any <br />Successor in Interest af Borrower shall not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br />refuse t� extend time far payment or otherwise madify amortization of the sums secured by this Security Instrument by <br />reason of any demand made by the original Borrawer or any Successors in Interest of Borrower. Any farbearance by <br />Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities or Successors in Interest of Borroweror in amounts less than the amountthen due, shall not be awaiver <br />of or preclude the exercise of any right or remedy. <br />13. Joint and Several Llablll#y; Co-signers; Successors and Asslgns Bound. Borrower covenants and agrees <br />that Borrower's �bligations and liability shall be joint and several. However, any Borrower wha co-signs this Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument anly to mortgage, <br />grant and conveythe co-signer's interest in the Praperty underthe terms ofthis Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument Qr <br />the Note withaut the co-signer consent. <br />Subject to the provisions of Section 18, any Successar in Interest of Borrawer who assumes Borrower's abligatians <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits <br />under this Security Instrument. Borrower shall not be released from Borrower's obligatians and liability under this <br />Security Instrument unless Lender agrees to such release in writing. 'T'he covenants and agreements of this Security <br />Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. � <br />NEBRASKA--Single Family--Fannie Mae/Freddfe Mac UNIFORM INSTRUMEN7 Form 50281/01 Initials s <br />Q 1999-2007 Online Documents, Inc. Page 6 Of 9 NEEDEE 07 <br />ia-z�-aoio ii:5 <br />