|
241200039
<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 Insurancc ends in accordance with any written agreement betwcen I3orrawer and
<br />Lender providing ior such termination or witil termination is required by Applicable Law. Nothing in this Section
<br />10 affects Borrower's obligation to pay interest ak the rate provided in the Note.
<br />Mortgage [nsurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur
<br />if Boreower does not repay the Loan as agreed. Borrower 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 w�ith other parties that share or modify their risk, or reduce losses. These ageee�nents are on terms and
<br />condikions that are satisCactory 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, Lendcr, any purchaser of the Note, another insurer, any reinsurer, any other
<br />entity, or any ai'tiliate of any of the foregoing, may receive (directly ar 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 insurcr's risk, or reducing losscs. If such ag►•eement 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 Borrosver has agreed to pAy for Mortgage
<br />Insurance, or any other terms of tlae Loan. Such agreements will not increase the amount Borrower will owe
<br />for Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b} Any sucl� agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
<br />Insurance under the Homeowners Protection Act of 1998 or any� other law. These rights may inelude the right
<br />to receive certain d►sclosures, to request and obtain cancellation of the Mortgage Insurance, ta have the
<br />Mortgage Insurance terminated autamatically, and/or to receive a refund of any Mortgage Insurance premiums
<br />that were unearned at the time of such cancellation or termination.
<br />il. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
<br />and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be appGed to restoration or repair ofthe 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 Procecds until Lend�r 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 praniptly. Lender may pay for the repairs and restoration in a single disbursement
<br />or in a series of progress payroents as the work is completed. Unless an agreernent is made in writing or Applicable
<br />Law requires interest to be paid on such Miscellaneous Proceeds, Lendcr shall not be required to pay Bonower any
<br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econotnically feasible or
<br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to thc sums secured by this Security
<br />Instrument, whether or not then due, with tt�e excess, if any, paid t� E3oerower. Such M iscellaneous 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 Aroceeds shall be
<br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
<br />Borrower.
<br />In the event of a paetial taking, destruction, or loss in value of the Property in which the fair maeket 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 beforc the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured 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 immediately before tl�e partial taking, destruction, ar loss in value divided by (b) the fair market valu� ot'th�
<br />Property immediately befare the partial taking, destruction, or loss in value. Any 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 Cair 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 f3orrawer and Lender otherwisc
<br />agree in writing, the Miscelianeous Proceeds shall be applied to the sums secured hy this Security Instrument whether
<br />or not the sums are then due.
<br />lf the Property is abandoned by Bonower, or if, afler notice 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, k3orrower fails to respond to
<br />Lender within 30 days aFter the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrawer shal( 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 this Security tnsirument. Borrower can cure such a default and, if acccleration has occurred, reinstate
<br />as provided in Section l9, by causing the action or proceeding to be dismissed with a nding that, in Lender's
<br />judgment, precludes forfeiture of the Property or other material impairment of Lender's inteeest 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 Property are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Properiy shall be applied in the
<br />order provided for in Section 2.
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT podYlag/c�
<br />Form 3028 1l01 Page 6 of 11 www.docmagic.com
<br />
|