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�0110050G <br />insurance and Bonower was required to make sepazately designated payments toward the premiums for Mortgage <br />Insurance, Bonower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previously in effect, from an altemate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Bonower shall continue to pay to Lender the amount of the separately designated <br />payments that were due when the insurance coverage ceas� to be in effect. Lender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any <br />interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance <br />coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again <br />becomes available, is obtained, and Lender requires sepazately designated payments towazd the premiums for <br />Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Bonower shall pay <br />the premiums required to maintain Mortgage Insurance in eff�t, or to provide a non-refundable loss reserve, until <br />Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Bonower and <br />Lender providing for such ternunation or until temunation is required by Applicable Law. Nothing in this Section <br />10 affects Bonower'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 agre.ed. Bonower 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 aze on terms and <br />conditions that aze 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 Bonower'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 agrced to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agrcements 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 Hom�wners Protection Act of 1998 or any other law. Th�e 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 Miscellan�us Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is daznaged, 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 Bonower. Such Miscellan�us 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 s�ured by this Se�curity 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 agre� in writing, the sums secured by this Security Instrument shall be reduce� <br />by the amount of the Miscellan�us 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 />Properiy immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Bonower. <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 irnmediately 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 />agr� in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />or not the sums aze then due. <br />NEBRASKA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS pocMagic � soasas-�ssz <br />Form 3028 1/01 Page 6 of 11 www.docmaglc.com <br />Ne3028.nvtl.xml <br />