�oiaoss53
<br />As a result of these agreernents, Lender, any purchaser of the Nate, another insurer, any reinsurer,
<br />any other entiry, or any afffliate of any of the foregoing, may receive (directly or indirectly) amounts that
<br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
<br />exchange for sharing or modifying the rnortgage insurer's risk, ar reducing losses. If such agreement
<br />pravides that an affiliate af Lender takes a share of the insurer's risk in exchange for a share of the
<br />pre�niuzns paid to the insurer, the arrangement is often 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 af the Loan. Such agrcements will nat increase the amount
<br />Borrower wiil owe for Mortgage Insarance and the� will not entitle Borrower to any refund.
<br />(b) Any such agreements will not aft�ect the nghts Borrower has - iF any - with respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
<br />may include the right to receive certain disclosures, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automadcally, and/ar ta receive a
<br />refund of any Mortgage Insurance premiums that were anearned at the time of sach 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 restoration or repair of
<br />the Property, if the restoration ar repair is economically feasible and Lender's security is not lessened.
<br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
<br />until L.ender has had an opportunity to inspect such Property to ensure the work has been cornpleted to
<br />Lender's satisfaction, provided that such inspection sha11 be undertaken pramptly, I.ender may pay for the
<br />repairs and restoration in a single disbursement or in a series of progress payments as the work is
<br />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 ta pay Borrower any interest ar earnings on such
<br />Miscellanepus 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 surns 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, or loss in value of the Property, the Miscellaneous
<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 market
<br />value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
<br />grcater 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 Lender otherwise agree in writing, the sums
<br />secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
<br />multiplied by the following fraction: (a) the total amount of the surns secured immediately before the
<br />partial taking, destruction, or loss in value divided by (b) the fair rnarket value of the Property
<br />immediately before the partial taking, destruction, or loss in value, Any balance shall ba paid ta Borrower,
<br />In the evenc 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 valne is less than the
<br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br />Barrower and I,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 />Tf the Praperty is abandaned by Borrower, or if, after notice by L,ender to Borrower that the
<br />Opposing Party (as defined in the next sentencc) offers to make an award to settle a claim for damages,
<br />Borrower fails to respond to Lender within 30 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 to the
<br />sums secured by this Security Instrurnent, whether or not then due. "Opposing Party" means thc third party
<br />that owes Borrower Miscellaneous Proceeds or the party against whom Borrower 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 />I.ender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrurnent. Borrower can cure such a default and, if
<br />NEBRASKA - Single Family - Fannia Mae/Freddia Mac UNIFORM INSTRUMEN7
<br />�-B�NE) laat t1 Page 9 ot 15 mitials m 3028 1/09
<br />� d '.. �
<br />
|