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�A��04��7 <br />the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until <br />Lender' s requirement for Mortgage Insurance ends in accordance with any written agreement between Bottower and <br />Lender providing for such termination or undl terminaHon is required by Applicable Law. Nothing in this Section <br />10 affects Bonower's obligatian to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses I.cnder (or any entity that purchases the Note) for certain losses it may incut <br />if Borrower dces not repay the Loan as agreed. Bonower is not a parry 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 />agreemenis with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />condidons that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These <br />agreementa 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 &om Mortgage Insurance premiums). <br />As a r�ult of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />endry, or any affiliate of any of the foregoing, roay receive (directly or indirectly) amounts that derive from (or might <br />be characterized as) a portion of Borrower' 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 khe insurer, the attangement is often termed <br />"capdve reinsurance." Further; <br />(a) Aay such agreements wlll not affect t6e amounts t6at Borrower 6as agreed to pay for Mortgage <br />Insurance, or any other terms of t6e Loao. Suc6 agreemenfs will not increase t6e amount Borrower wlll owe <br />for Mortgage Insurance, and they will not entitle Borrower to any refund <br />(b) Any such agreements will not affect the rlg6te Borrower has - if any - wit6 respect to the Mortgage <br />Insurance under t6e Homeowoers Protecdon Act of 1998 or any ot6er law. These rlghts may iaclude the rlgdt <br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance termin$ted automadcelly, and/or to receive a refund of any Mortgage Insurance premiums <br />that were unearned at the time of auch cancellaHon or termination. <br />11. Aasignment of Miscelleneous Proceeda; Forfeiture. All Miscellaneous Proce�eds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restaradon or repair of the Property, <br />if the reatoradon 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 satisfacdon, 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 khe work is completed. Unlass 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 restoradon 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 Miacellaneous Proceeds shall <br />be applied in the order provided for in Secdon 2. <br />In the event of a total taldng, destrucdon, or loss in value of the Property, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrumeny whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a parkial taking, destrucdon, or loss in value of the Property in wtrich the fair market value of <br />the Property immediately befare the partial taldng, destrucdon, or losa in value is equal to or greater than the amount <br />of the sucns secured by this Security Instrument 'vnmediately before the parkial taking, destrucrion, or loss in value, <br />unleas Borrower and Lender otherwise agree in writing, We sums secwed by this Security Instrument shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediatcly before the partial taking, destrucdon, or loss in value divided by (b) the fair market value of the <br />Property immediately before the partial taking, destrucdon, or loss in value. My balance shall be paid to 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 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 />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether <br />ar not ihe sums aze then due. <br />If the Property is abandoned by Boaower, or if, atter natice by Lender to Borrower that the Opposing Party (as <br />defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miacsllaneous <br />Proceeds either to restoration or repair of the Property or to the sums secured by this Secwity Instrument, whett►er <br />or not then due. "Opposing Party" means the third party that owes Borcower Miscellaneous Procceds or the party <br />against whom Horrower has a right of acdon in regard W Miscellaneous Proceeds. <br />Bottower sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender' s interest in the Property <br />or rights under t6is Security Instrument. Borrower can cwe such a default and, if acceleradon has occurred, reinstate <br />as provided in Section 19, by causing the actian or proceeding W be dismissed with a ruling that, in Lender's <br />judgment, precludes forfeiture of the Properiy or other material impairment of Lender's interest in the Property or <br />rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the <br />impairment of Lender' s interest in the Properry sre hereby assigned and shall be paid to Lender. <br />All Miscellaneous Procceds that aze not applied to restoration or repair of the Praperty shall be applied in the <br />order provided for in Secdon 2. <br />NEBRASKA—Sfngle Femlly—Fannie Mae/Freddie Mec UNIFORM INSTRUMOVVT p�eg/��pp� \�� <br />Form 3028 1/01 Paga 8 of 11 www,dxmaglc.mm � <br />