2oioos343
<br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
<br />any other entity, or any af�liate of any of the foregoing, may receive (directly or indirectly) amounts that
<br />derive from (or might be characterized as) a portipn of Borrower's payments for Mortgage Insurance, in
<br />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
<br />premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the amounts that Borrower has agrced to pay for
<br />Mortgage Ins�rance, or any pther terms of the Loan. Such agreements will not increase the amount
<br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower tu any refund.
<br />(b) Any such agreem,ents will not affect the rights Borrower has - if any - with respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
<br />rnay include the right to receive certain disclosures, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
<br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
<br />termination.
<br />11. Assignment of Miscellaneous Prac�ds; Forfeiture. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Froperty is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
<br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
<br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
<br />until Lender has had an opportunity to inspect such Praperty to ensure the work has been completed to
<br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
<br />repairs and restoration in a single disbursement or in a series of progxess payments as the work is
<br />completed. Unless an agreement is rnade in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
<br />applied in the order provided for in Section 2.
<br />In the event of a tatal taking, destructian, or loss in value of the Property, the Miscellaneous
<br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the event of a partial taking L1ES�Xl1Ct10A, or loss in value of the Property in which the fair market
<br />value of the Froperty immediately before the partial taking, destructian, or loss in value is equal to or
<br />greater than the amount of the sums secured by this Security Instrument immediately before the partial
<br />taking, destruction, oar loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br />secured by this Security Instrurnent shall be reduced by tk�e amount of the Miscellaneous Proceeds
<br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br />partial taking, destnrction, or lass in value divided by (b) the fair market value of the Property
<br />irnrnediately b�fore the partial taking, descruction, or loss in value. Any balance shall be �aid to Borrower.
<br />In the event of a partial taking, destruction, ar loss in value of the Property in wh�ch the fair market
<br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br />ampunt af the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proc�eds shall be applied to the swans
<br />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
<br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for darnages,
<br />Borrower fails to respond to I.ender within 30 days after the date the notice is given, Lender is authorized
<br />to cnllect and apply the Miscellaneous Proceeds either to restoration or repair of the Froperty or to the
<br />sums secured by this Security Instnunent, whether or not then due. "Opposing Party" rneans the third party
<br />that owes Borrower Miscellaneous Proceeds or the party against whom Bqrrawer has a right of action in
<br />regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. Borz�ower can cure such a defanit and, if
<br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFDRM INSTRUMENT
<br />�-B�NE) IvBt il Page 9 of 15 INtlals: �� Form 302$ 9/09
<br />� �� � ` 1
<br />l�. e je �
<br />k� `je�" ,� i �
<br />
|