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2010Q9�5S
<br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
<br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
<br />derive from (or rnight be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
<br />exchange for sharing ar modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provides that an affiliate of L,�nder takes a share of the insurer's risk in exchange far a share of the
<br />premiums paid to the insurer, the arrangernent is aften termed "captive reinsurance." Further:
<br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
<br />Mortgage Insurance, or any other terms of the Loan. Sach agreements will not increase the amount
<br />Barrower will owe for Mo� Insurance, and the� will not entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the raghts Borrower has - if any - with respect to the
<br />Mortgage Insurance under the Homeowners Protectian Act of 199$ or any other law. These rights
<br />may include the r3ght to receive certain disclosures, to reqaest and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated autornatically, and/or to receive a
<br />refund of any Mortgage Insarance premiums that were unearned at the time of such cancellation or
<br />termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoratian or repair af
<br />the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
<br />During such repair and restoratian period, I.endar sha11 have the righC to hold such Miscellaneous Proceeds
<br />until Lender has had an opportunity to inspect such Property to ensure the work has been completed ta
<br />I.ender's satisfaction, provided that such inspection shall be undertaken pramptly. Lender may pay for the
<br />repairs and restaration in a single disbursement or in a series of progress payments as the work is
<br />campleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid an such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Bonower any interest or earnings on such
<br />Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
<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, ar loss in, value of the Property, the Miscellaneous
<br />Proceeds shall be applied to the suxns secured by this Security Instrurnent, whether or not then due, with
<br />thc excess, if any, paid to Borrower.
<br />Tn the event of a partial Caking, destruction, or loss in value of the Praperty in which th� fair market
<br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
<br />greater than the amaunt of the sums secured by this Security Instrument imrnediately before the partial
<br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br />secured by this Security Instrument sha11 be reduced by the amount of the Miscellaneous Proceeds
<br />multiplied by the follawing fraction: (a) the total amount of the surns secured imrnediately before the
<br />partial taking, dest� or loss in value divided by (b) the fair mazket value of the Property
<br />immediately before the partial taking, destruction, ar 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
<br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br />Borrower and L.ender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Sorrower, or if, after notice by Lender to Borrower that the
<br />Opposing Party (as defined in the next sentence) offers ta make an award to settle a claim for damages,
<br />Borrower fails to respond to Lender within 3p days after the date the notice is given, Lender is authorized
<br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or ta the
<br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" rneans the third party
<br />that owes Borrower Miscellaneous Proceeds or the party against whom Bpnower has a right of action in
<br />regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiture of the Property or other rnaterial irnpairment of Lender's
<br />interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
<br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNIFQRM INS7RUMEN7
<br />�-G�NE) (D811) Page 9 of 15 Initials;� �O�R1 $�2$ 9/�9
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