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2oiooss3i <br />insurance and Borrower was required to make sepazately designated payments toward the premiums for Mortgage <br />lnsurance, Borrower shall pay the prerniums reyuired to obtain coverage substantially equivalent to the Mortgaga <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previausly in effect, from an alternate mortgage insurer selected by L.ender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the sepaz'ately designated <br />payments that were due when the insurance coverage ceased to be in effect. L,ender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. 5uch loss reserve shall be non-refundable, <br />notwithstanding the fact that the L,oan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or eaz�ings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for th� period that Lender requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage Tnsurance. If Lender required Mortgage Insurance as a condition of making the L.oan and Borrower was <br />required to make separately designated payznents toward the premiums for Mortgage lnsurance, Borrower sha11 pay <br />the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until <br />Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />L,ender providing for such termination or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reiznburses Lender (or any entity that purchases the Note) for certain losses it may incur <br />if Borrower doas noC repay Che I,oan as agreed. Borrower is not a party to the Martgage Insutance. <br />Mortgage insurers evaluate their total risk on all such insurance in farce from tirne to time, and may enter into <br />agreements with other parties that share or madify their risk, or reduca losses. These agreernents are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (ar parties) to these agreements. Thesa <br />agceements may require the mortgage insurer to make payments using any source of funds that the znortgage insurer <br />may have available (which may include funds obtained itom Mortgage Insurance prerniums). <br />As a result of these agreements, �,ender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive fronn (or rnight <br />be characterized as) a poRxon of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing lnsses. lf such agreement provides that an af�liate of Lender takes a share <br />of Che insurer's risk in exchange for a share af the premiums paid to the insurer, the azxangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Barrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe <br />for Mortgage lnsurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect ta the Mortgage <br />Insurance under the Homeowners Protection Act of 199$ or any other law. These rights may include the right <br />to rece3ve ceit tain disclosures, to request and obtain cancellation pf the Mortgage lnsurance, ta have the <br />Mortgage Insurance terminated automatically, and/or ta receive a refund of any Mortgage Insurance premiums <br />that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneaus Proceeds; Farfeiture. All Miscellaneous Proceeds are her�by assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Praceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoratian period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an <br />opportunity to inspect such Property to ensure the work has been completed to I.ender's satisfaction, provided that <br />such inspection shall be undertaken promptly. Lender rnay pay for the repairs and restoration in a single disbursement <br />or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender sha11 not be r�quired to pay Borrower any <br />interest oc earniangs on such Miscellaneous Proceeds. If the xestoration or repair is not economically feasible or <br />Lender's security would be lessened, the Misc�llaneaus Proceeds shall be applied to the sunns secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrawer. Such Miscellaneous Proceeds shall <br />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 <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 />�n the event of a partial taking, destruction, or loss in value of the Property in which the fair rnarket value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amaunt <br />af the sums secured by this Security Instrument immediat�ly before the partial taking, destruction, or loss in value, <br />unless Borrower and L,ender otherwisa agree in writing, the sums secured by this Security Instrument shall be reduced <br />by the amount of the Miscellaneous Praceeds multiplied by the fallowing fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />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 <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amounc of the sums <br />secured imrnediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall ba applied to the sums secured by this Security Jnstrument whether <br />or not th� sums are then due. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOCM1gIC � 800-649-1362 <br />Form 3028 1/p1 Page 6 of 11 www.docmagic.com <br />Ne3028.mzd.xml <br />