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201009147
<br />As a result of these agreements, I..ender, any purchaser of the Note, another insurer, any reinsurer,
<br />any other entzty, or any af�liate of any of the foregoing, rnay receive (directly or indirectly) amounts that
<br />derive frorn (or might be chatacterized as) a portion of Borrower's payments for Martgage Tnsurance, in
<br />exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provides that an af�liate of Lender takes a share of the insurer's risk in exchange far a share of the
<br />premiwtns paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Ar�y such agreements will nat affect the amounts that Sorrower has agreed #o pay for
<br />Mortgage Insurance, otr any other terms of the Laan. Such agreements wi11 not increase the amount
<br />Sorrower will owe for Mortgage Insurance, and #he� wi11 not entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the rights Sorrower has - if any - with respect to the
<br />Mortgage Insarance under the Homeowners Protection Act of 1998 or any other law. These rights
<br />may include the right to reccive certain disclosures, to request and obtain cancellation of the
<br />Mo� Insurance, to have the Mortgage Insarance terminated autornatically, and/or to receive a
<br />refand of any Mortgage Insurance prerniums that were unearned at the time of such cancellation or
<br />termination.
<br />11. Assignrnent of Miscellaneous Proce�ds; Forfeiture. All Miscellaneous Procceds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be appiied to restoration or repair of
<br />the Properiy, if the restoration or repair is economically feasible and Lender's security is nat lessened.
<br />During such repair and restoration period, I.ender shall have the right to hold such Miscellaneous Proceeds
<br />until L.ender has had an oppoxtunity to inspect such Property to ensure the work has been completed to
<br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay far the
<br />repairs and restoration in a single disbursement or in a series of progress payrnents as the work is
<br />coznpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender sha11 not be required to pay Borrower any interest or earnings on such
<br />Miscellaneous Praceeds. Tf the restoration or repair is not econornically feasible or L,�nder's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Ixistrument,
<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 total taking, destruction, or loss in value of the Property, the Miscellanevus
<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, destruction, or loss in value of the Property in which the fair rnarket
<br />value of the Property immediately before the partial taking, destntction, or loss in value is equal to ar
<br />greater than the amount of the sums secured by this Security Instrument immediately before the partial
<br />taking, destruction, or loss in value, unless Borrower and T..ender otherwise agree in writing, the sums
<br />secured by this Secur�ty Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br />rnultiplied by the following fraction: (a) the total amount of the sums secured immediately before the
<br />partial talcing, destruction, or loss in value divided by (b) the fair market value of the Property
<br />irnmediately before the partial taking, destructian, or loss in value. Any balance shall be �aid to Borrower.
<br />In the event of a partial taking, destruction, ox loss in value of the Property in which the fair marlcet
<br />value of the Property irnrnediately before the partial taking, destruction, ar loss in value is less than the
<br />amount of the sums secured immediately befare the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, the Miscellaneous Procceds sha11 be applie� to the swns
<br />secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Bonower, or if, after notice by I.ender to Borrower that the
<br />Opposing Party (as defined in the next sentence) offers to make an award to settle a clairn for damages,
<br />Banower fails to respond to L.ender within 3p days after the date the notice is given, Lender is authorized
<br />ta collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property ar to the
<br />sums secured by this Security Inst:rwnenC, whether or not then due. "Oppasing Party" means the third party
<br />that ovves Borrower Miscellaneous Proceeds or the party against whom Borrower has a righC of action in
<br />regard to Miscellaneaus Proceeds.
<br />Barrower shall be in default if any action or proceeding, whether civil ox criminal, is begun that, in
<br />Lender's judgment, could result in forfeitut of the Property or other rnaterial impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. Barrower can cure such a default and, if
<br />N�BRASKA - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMEN7 ' ,I
<br />�-61NE►108ii1 regesofi5 i��t�ais: VV'�" Form3p28 7/07
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