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<br /> 201009477
<br /> Lender 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 reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
<br /> if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage 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 agreements are on terms and
<br /> conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
<br /> agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
<br /> may have available (which may include funds obtained from Mortgage Insurance premiums).
<br /> As a result of these agreements, Lender, 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 from (or might
<br /> be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying
<br /> the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share
<br /> of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed
<br /> "captive reinsurance." Further:
<br /> (a) Any such agreements will not affect the amounts that Borrower 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 Insurance, 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 to the Mortgage
<br /> Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
<br /> to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
<br /> Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums
<br /> that were unearned at the time of such cancellation or termination.
<br /> 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
<br /> and shall be paid to Lender.
<br /> If the Property is damaged, such Miscellaneous Proceeds 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 /> restoration 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 Lender's satisfaction, provided that
<br /> such inspection shall be undertaken promptly. Lender may 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 shall not be required to pay Borrower any
<br /> interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
<br /> Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
<br /> Instrument, whether or not then due, with the excess, if any, paid to Borrower. 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 /> 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 equal to or greater than the amount
<br /> of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
<br /> unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced
<br /> by the amount of the Miscellaneous Proceeds multiplied by the following 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 amount of the sums
<br /> secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
<br /> agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
<br /> or not the sums are then due.
<br /> If the Property 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
<br /> Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br /> Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br /> or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br /> against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br /> Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br /> judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
<br /> or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
<br /> as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
<br /> judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or
<br /> rights under this Security Instrument. The proceeds of any award or claim for damages 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
<br /> order 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 Lender to Borrower or any
<br /> -"5, S
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagiG 800-649-1362
<br /> Form 3028 1/01 Page 6 of 11 www.doomagic.com
<br /> N0028,dot. xmI
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