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2oioo9o4i <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously <br />in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an <br />alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, <br />Sorrnwer shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance <br />coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu o£ <br />Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstandmg the fact that the I.oan is ultimately paid in <br />full, and Lender shall not be rec�uired to pay Borrower any interest or eamings on such loss reserve. L.ender can no longer <br />require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) <br />provided by an insurer selected by Lender again becomes available, is obtained, and I.ender requires separately designated <br />payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofrnaking the <br />L.oan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to rnainta�n Mortgage Insurance in effect, or to provrde a non-refundable loss <br />reserve, until Lender's rec�uirement for Mortgage Insurance ends in accordance with any written agreement between <br />Borrower and I.ender providmg for such term�nation or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects 8orrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses I.ender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Sorrower is not a party to thc Martgage Insurance. <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreernents are on terms and conditions <br />that are satisfactory ta the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the mortgage insurer to make payment�s using any source of funds that the rnortgage insurer may have available <br />(which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these a�reements, Lender, any purchaser of the note, anather insurer, any reinsurer, any other entity, <br />or affiliate of any of the foregomg, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or mndifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provided that an affiliate ofLender takes a share ofthe insurer's risk m exchange <br />for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will nat affect the amounts that Borrower has agreed to pay for Murtgage <br />Insurance, or any other terms of the Laan. Such agreements will not increase the amaunt Borrower will owe for <br />Mortgage Insurance, and they will not entitle Borrower to any refund. <br />(b) Any such agreements will nat affect the rights Borrawer has — if any -�- with respect to the Mortgage <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certafn disclosares, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment af Miscellaneous Praceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to I.ender. <br />Ifthe Propert� is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if <br />the restoration or repair is economically feasible and I.ender's security is not lessened. During such repair and restoratron <br />period, Lender shall have the right to hold such Miscellaneous Proceeds until L.ender has had an opportunity to inspect such <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. L.ender maypay for th� repairs and restoration in a single disbursement or in a series ofprogress payments as the <br />work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required td pay Borrower any interest or earnings on such Miscellaneous <br />Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Borrower. 5uch Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destructian, 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 th� excess, if any, 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 <br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums <br />secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and <br />Lender otherwise agree m writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediatelybefore the <br />partial takin�, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial <br />taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />Tn the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />Property 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 loss in value, unless Borrower and Lender otherwise agree in writing, <br />the Miscellaneous Froceeds shall be applied to the sums secured by this Security Instniment whether or not the sums are then <br />due. <br />If the Properiy is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to I.ender <br />within 30 days after the date the notice is given, I.ender is authorized to collect and apply the Miscellaneous Proceeds either <br />to restaration or repair of the Proparty or to the sums secured by this Security Instrument, whether or not then due. <br />"Opposing Party�' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action rn regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or crimrnal, is begun that, in L,ender's <br />judgment, could result in forfeiture of the Property or other material im�airment of Lender's interest in the Propertyor rights <br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided m <br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's jud�ment, �recludes forfeiture <br />afthe Property or other material impairment of I,ender's interest in the Property or rights under ttus Security Instrument. The <br />proceeds of any award or claim for damages that are attributable to the impairment of L.ender's interest in fhe Property are <br />hereby assigned and shall be paid to L.ender. <br />All Miscellaneous 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 Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by L.ender'to Borrower or any Successor <br />in Interest oF Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. <br />I.ender shall not be required to commence proceedings against any Successor in Interest ofBorrower or to refuse to extend <br />time for payment or otherwise modify aroortization ofthe sums secured by this Security Inshument by reason ofanydemand <br />made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right <br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in <br />Interest of Borrower or in <br />amaunts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIF�RM INSTRUMENT (MF.RS) Form 3018 1/Ol (page 5 of8 pages) <br />12439.CV (1/O8) 904737 Creative Thinking, Inc. <br />GOTO(0013d9R9) <br />�,�.`' t 1 <br />A <br />