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�k ^' � p ; �� � : <br />. � � <br />201103�3� <br />again becomes availeble, is obtained, and Lender requires separately designated payments toward the premiums for Mortgege Insurance. If <br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower wes required to make seperately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pey the premiums required to maintein Mortgege Insurance in <br />effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written <br />agreement between Borrower and Lender providing for such terminetion or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity thet purchases the Note) for certain losses it may incur if Borrower does not <br />repay the Loan as agreed. Borrower is not e party to the Mortgage Insurence. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreementa with other <br />parties that share or modify their risk, or reduce lossea. These agreements ere on terms and conditions that are satisfactory to the <br />mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgege insurer to make <br />payments using any source of funds that the mortgage insurer may have evailable (which may include funds obtained from Mortgage <br />Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of <br />any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be cherecterized as) a partion of Borrower's <br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the <br />arrangement is often termed "captive reinsurance." Further: <br />ia) Any such agreements will not affect the emounts that Borrower has egreed to pay for Mortgage Insurance, or any other terms of <br />the Loan. Such agreements will not increase the amount Borrower wtll owe for Mortgage Insurance, and they will not entitle Borrower to <br />any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the <br />Homeowners Protection Act of 1998 or any other law. These rPght9 may include the right to receive certein disclosures, to request and <br />obtain cancellation of the Mortgage Insurence, to heve the Mortgage Insurance terminated automaticelly, and/or to receive a refund of any <br />Mortgage Insurance premiums that were unearned et the tlme of such cencellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfehure. All Miscellaneous Proceeds are hereby assigned to and shall be paid to <br />Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or <br />repeir is economically feasible and Lender's security is not lessened. During such repeir and restoration period, Lender shall have the right <br />to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed <br />to Lender's satisfaction, provided that such inspection ahall be undertaken promptly. Lender may pay for the repairs and restoretion in a <br />single disbursement or in a series of progress payments as the work is completed. Unless an egreement 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 eny interest or earnings on <br />such Miscelleneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if eny, <br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total teking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial teking, destruction, or loss in value of the Property in which the fair market value of the Property immediately <br />before the partial taking, destruction, or loss in value is equal to or greater than the emount of the sums secured by this Security <br />Instrument immediately before the partial taking, destruction, or loss in velue, unless Borrower and Lender otherwise agree in writing, the <br />sums secured by this Security Instrument shell be reduced by the emount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total emount of the sums secured immedietely befare the partiel taking, destruction, or loss in value divided by (b) the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be peid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the feir market value of the Property immediately <br />before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partiel taking, <br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thet the Opposing Party (as defined in the next <br />sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the <br />notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to reatoration or repair of the Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower <br />Miscellaneous Proceeds or the party 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 judgment, could result in <br />forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. <br />Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by ceusing the action or <br />proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other meterial impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damagea that are <br />attributable to the impairment of Lender's interest in the Property ere hereby essigned and shall be paid to Lender. <br />All Miscellaneous Proceeds thet are not applied to restoration or repair of the Property shall be applied in the order provided for in <br />Section 2. <br />12. Borrower Not Released; Forbearence By Lender Not a Waiver. Extension of the time for payment or modification of amortization <br />of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate <br />to release the liebility of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings <br />egainst any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums <br />secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of 8orrower. <br />Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shell not be a waiver of or preclude <br />the exercise of any right or remedy. <br />13. Joint and Several Llability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's <br />obligations and liability shell be joint and severel. However, any Borrawer who co-signs this Security Instrument but does not execute the <br />Note (a "co-signer"1: (a) is co-signing this Security Instrument only to mortgage, grant end convey the co-signer's interest in the Property <br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that Lender and any other Borrower can agree to extend, modify, forbear or meke any accommodations with regard to the terms of <br />this Security Instrument or the Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who essumes Borrower's obligations under this <br />Security Instrument in writing, and is approved by Lender, shell obtain all of Borrower's rights and benefits under this Security Instrument. <br />Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to suCh release <br />in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the <br />successors and assigns of Lender. <br />14. Loan Charges. Lender may charge 9orrower fees for services perforr'ned in connection with Borrower's default, for the purpose <br />of protecting Lender's interest in the Property and rights under this Security Instrurnent, including, but not limited to, attorneys' fees, <br />property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge <br />a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are <br />expressly prohibited by this Security Instrument or by Applicable Lew. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan <br />charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) eny such loan cherge shall be <br />reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Barrower. Lender may choose to make this refund by reducing the principal owed under the <br />Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be trseted as a pertial prepeyment <br />without any prepayment charge (whether or not a prepeyment charge is provided for under the Note). Borrower's acceptance of any such <br />refund mede by direct payment to Borrower will constitute a weiver of any right of action Borrower might have arising out of such <br />overcharge. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 6 <br />