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201008582 <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if F3orrower does not <br />renay the Loan as a�reed. Borrower is not a party ta the Mortgage lnsurance. <br />Mortgage Insurers avaluate 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 madify their risk, or reduce losses. These agreements are on tarms and conditions that are satisfactory to the <br />mortgage insurer and the other party (or parties) to these agraements. 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 fmm Mort�a�e Insurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsurcr, any other antity, or affiliate of <br />any of the foregoing, may receive (directly or indiractly) amounts that derive frorn (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. lf 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, the <br />arrangement is often termed "captive reinsurance:' FuRher: <br />(a) Any sach agreements will not aTt'ect the amounts that 13orrower has agreed ta �ay for Mortgage Insurance, or any other <br />terms of the Loan. Such agrcements will not increase the amount liorrower will owe for Mortgage Insurance, and they will not <br />entitic Bprrpwer to any refund. <br />(b) Any such agreements will not affect the rights 13orrower has --- if any — with raspect to the Mnrtgage Insurance under <br />the flomeowners Protection Act of 1998 or any other law. Thesc rights may include the right to receive certs�in disclosures, to <br />request and nbtain c�ncellAtion oFthe Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to <br />receive a refimcl of any Mortgage Insurance premiums that were unearned at the time of such cancellati�n or termination. <br />11. Assignment of Miscellaneo�as Proceeds; Forfeit��re. All Miscellaneous Proceeds are hereby assi�ned to and shall be paid to <br />L,ender. <br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, ifthe restoration <br />or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, I,ender shall have the <br />right tn hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to i.,ender's satisfaction, provided that such inspection shall he undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a series of pra�;ress payments as the wprk is completed. Unless �n agreement is made in writin�; or <br />Applicable Law requires interest to ba paid on such Miscellaneous I'rocaeds, Lender shall nor be required to pay Borrower any interest or <br />earnin�s on such Miscellaneous Proceeds. Ifche restoration or repair is not economically Feasible or Lender's security would be lessened, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security lnstrument, 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 oftha Property, the Miscellanaous Proceeds shall bo applied to 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, dastruction, or loss in value of the Property in which the fair market value of the Proparty <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of thc sums secured by this Security <br />Instrument immediately before the partial taking, destruction, or loss in value, unlass 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 ofthe 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, 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 the Property <br />immediately before the partial taking, destn�ction, or loss in value is less than the amount ofthe sums secured immediately hefore the partial <br />taking, destruction, or loss in value, unless I3orrower and Lender otherwise agree in writin�, the Miscellaneous Proceeds shall be applied to <br />the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Prnperty is abandoned by Borrower, or if, after notice by Lend�r to C3orrow�r that the Opposing Party (as defined in the naxt <br />sentence) affers to make an award to settle a claim for damages, Borrowar fails to 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 awes Borrower Miscellaneous <br />Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. <br />Iiorrower shall be in default if any action or procceding, whether civil or criminal, is bagim that, in Lender's judgrrrent, could result <br />in forfeiture of the Property nr other material impairment of Lender's interest in the Property or rights under this Security Instrument. <br />C3orrower can cure such a default and, if acceleration has occurred, reinstata as provided in Section 19, by ca►rsing the action or proceeding <br />to be disrnissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properfy or other material impairment of Lender's <br />interest in the Property or rights under this Security Instrument. The proceeds af any award or claim for dama�es that are attributable to the <br />impairment of Lender's interest in the 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 order pmvided for in <br />Section 2. <br />12. Borrower Nat Released; Torbearance 13y Lender Not a Waiver, Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of E3orrower shall <br />not operate to release the liability of Borrower or any Successors in �nterest of Borrower. Lender shall not be required to commence <br />proceedings against any Successor in Interest of Borrower or to refuse to excend time for payment or ocherwise modify amorcization oEthe <br />sums secured by this Securily Instrument by reason of any demand made by the original Borrower or any Successors in Interest of <br />Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitatinn, Lend�r's acceptance of payments <br />from third persons, entities or Successors in Interest oFBorrower 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 />]3..Toint and Several Liability; Co-signers; Saccessors and Assigns Bound. Borrower covenants and agrees that Borrower's <br />obligations and liability shall b� joint and several. Howevar, any I3orrower who co-signs this Security Instrument but does not execirte the <br />Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay tha sums secured by this Security Instrument; and (c) <br />agrees that Lender and any oiher Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of <br />this Security Instrument or the Note without the co-signer's consent. <br />Subject to the provisions of Section I 8, any Successor in Interest of Borrower who assumes Borrower's obli�ations under this <br />Security Instnrment in writing, and is approved by Lender, shall obtain all oFBorrower's rights and benefits under this Security Instrurnent. <br />Borrower shall npt be released frnm Borrower's obligations and liability under this Security lnstrument unless Lender agrees to such release <br />in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the <br />successors and assi�ns of Lender. <br />NEBRASKA -Single Family-Fannls Mae/Freddie Mac UNIFORM INS7RUMEN7 with MERS �rm'3028 9/tl1 <br />Page 5 of 8 � <br />ips, inc. Borrower(s) Initia <br />