201008345
<br />As a result of these agreements, I.,ender, 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) awounts that
<br />derive from (or might be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in
<br />exchange for sharing or modifying the rnortgage insurer's risk, or reducing losses. If such agrecment
<br />provides that an affiliate of I,ender takes a share of the insurer's risk in exchange for a share of the
<br />premiuzns paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the amqunts that Barrower has agreed to pay for
<br />Mortgage Ins�urance, or any other terms of the Loan. Sach agreements will not increase the amount
<br />Borrower will owe for Mortgage Insurance, and the� will not entitle Borrower to any refund.
<br />(b) Any sach agreements will not affect the r�ghts Borrower has - if any - with respect to the
<br />Mortgage Insurance under the Homeowners Protectian Act of 1998 or any other law. These rights
<br />may include the right to receive cerkain disclosures, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
<br />refand of any Moctgage Insurance premiums that were unearned at the time of such cancellation or
<br />termination.
<br />11. Assignment of Miscellaneous Proceeds; ForYeiture. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
<br />the Property, if the restoratian 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 Miscellaueous Proceeds
<br />until I..ender has had an oppornuiity to inspect such Property to ensure the work has been completed to
<br />Lender's satisfaction, provided that such inspection shall be undcrtaken promptly. I.ender may pay for the
<br />repairs and restaratian in a single disbursement or in a series of progress payments as the work is
<br />campleted, Unless an agreem�ent is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrawer any interest or earnings an such
<br />Miscellaneous Proceeds. If the restaration ar 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 Barrower. Such Miscellaneous Proceeds shall be
<br />applied in the arder provided for in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, Che Miscellaneous
<br />Proceeds shall be applied to the sums secured by this Security Instrument, whether ar not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the event of a partial talting, destruction, or loss in valae of the Property in which the faar market
<br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
<br />greater than the amount of the surns secured by this Security Tnstrument immediately before the partial
<br />taking, destruction, or loss in valu�, unless Barrower and Lender ocherwise agree in writing, the sums
<br />secured by this Security Instrument shall be reduced by the annount of che Miscellaneous Proceeds
<br />multiplied by che following fraction: (a) the total amount of the surns secured immediately before the
<br />partial, taking, destruction, or loss in value divided by (b) the fair market value of the Property
<br />immediately before the partial taking, destruction, or loss in value. Any balance shall be �aid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
<br />value of the Property immediately before the partial taking, destruction, ar lqss in value is less than the
<br />amount of the sums secured immediately before the partial Caking, destruction, or loss in value, unless
<br />Boarrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />secured by this Security Instrument whether or not the sums aze then due.
<br />Tf the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
<br />Opposing Party (as de�ined in the next sentence) offers to make an award to settle a clairn for damages,
<br />Borrower fails to respond to Lender within 30 days after the date the notice is given, L,ender is autharized
<br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of che Property or to the
<br />surns secured by this Security Instrument, whsther or not then due. "Opposing Party" means the third party
<br />that owes Borrower Miscellaneons Proceeds or the party against whom Sorrower has a right of action in
<br />regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any actian or proceeding, whethar civil or crixninal, is begun that, in
<br />T.ender'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. Borrower can cure such a default and, if
<br />NEBRASKA - Single Femily - Fannie MaelFraddfa Mac UNIFQRM INSTRUMENT
<br />�-B�NE) �oaii� Page 9 of 15 i��s�ai Form 3028 1/01
<br />..
<br />�
<br />� � � � !'� „ ,.
<br />� t
<br />
|