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20�105050
<br />As a result of these agreements, Lender> any purchaser of the Note, another inswer, any reinsurer, any
<br />other entity, or any affiliate of any of the foregoing, may receive (direcdy or indirectly) amounts that derive
<br />&om (or might be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
<br />for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
<br />aff'iliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
<br />insurer, the arrangement is often termed "captive reinsurance." Further:
<br />(a) Any such agreements will not aftect the amounts that Borrower has agreed to pay for
<br />Mortgage Insurance, or any other terms oF the Loan. Such agreements will not increase the amount
<br />Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b) Any such agreements will not affect the nghts Borrower has - i� any - wrth respect to the
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
<br />include the right to receive certain disclosnres, to request and obtain cancellation of the Mortgage
<br />Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a ret�►nd of any
<br />Mortgage Insurance premiums that were unearned at the time of such cancellation or 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 the
<br />Properiy, if the restoration or repair is economically feasible and Lender's security is not lessened. During
<br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
<br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
<br />satisfaction, provided that such inspection shall be undertaken prompdy. Lender may pay for the repairs and
<br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
<br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
<br />Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
<br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
<br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
<br />excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be applied in the order provided for in
<br />Section 2.
<br />In the event of a total taking, desiruction, or loss in value of the Property, the Miscellaneous Proceeds
<br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
<br />any, paid to Bonower.
<br />In the event of a partial taking, desiruction, or loss in value of the Progerty in which the fair market
<br />value of the Progerty immediately before the paztial taking, destrucdon, or loss in value is equal to or greater
<br />than the amount of the sums secured by this Security Instrument immediately before the partial taking,
<br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
<br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
<br />following fracdon: (a) the total amount of the sums secured immediately before the pardal taking, destruciion,
<br />or loss in value divided by (b) the fair mazket value of the Property immediately before the partial taking,
<br />destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event of a parpal taking, destruction, or loss in value of the Property in which the fair market
<br />value of the Property immediately before the pardal taking, destruction, or loss in value is less than the
<br />amount of the sums secured immediately before the pardal taking, destrucdon, or loss in value, w►less
<br />Bonower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />secured by this Security Instrument whether ar not the sums aze then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Bonower that the Opposing
<br />Pariy (as defined in the next sentence) offers to make an award to setxle a claim for damages, Borrower fails
<br />to resgond to Lender within 30 days after the date the nodce is given, Lender is authorized to collect and
<br />apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
<br />Security Instrument, whether or not then due. Opposing Party means the third party that owes Bonower
<br />�� ,�
<br />Miscellaneous Proceeds or the party against whom Borrower has a right of acdon in regard to Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default if any acdon or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in forfeiwre of the Progerty or other material impaiiment of Lender's interest
<br />in the Property or rights under this Security Instrument Borrower can cure such a default and, if acceleration
<br />has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
<br />NEBRASKA - Single Family - Fannle Mae/Freddfe Mac UNIFORM INSTRUMENT WITH MERS
<br />�•SA(NE) {oa�o> Paeeaot is i�ntais: Form 3028 1/01
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