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�`�i��i�8� <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may <br />enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on <br />terms and conditions that aze satisfactory to the mortgage insurer and the other party (or parties) to these <br />agreements. These agreements may require the mortgage insurer to make payments using any source of funds <br />that the mortgage insurer may have available (which may inc�ude funds obtained from Mortgage Insurance <br />remiums <br />p As a result of these agreements, Lender, any purchaser' of the note, another insurer, any reinsurer, any <br />other entity, or a�'iliate of any of the foregoing, �y receive (directly or indirectly) amounts that derive from (or <br />might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or <br />modifying the mortgage insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender <br />takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is <br />often termed "captive reinsurance." Further: ' <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will <br />owe for Mortgage Insurance, and they will not entifle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has — if any — with 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 disclosures, to requesjt and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated sutdmatically, and/or to receive a refund 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 aze 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 />Property, if the restoration or repair is economically feasible and Lender's security is not lessened During such <br />repair and restoration period, Lender sha11 have the right to hold� such Miscellaneous Proceeds until Lender has <br />had an opportunity to inspect such Properiy to ensure the wor�C has been completed to Lender's satisfaction, <br />provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a <br />smgle disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restora,tion or repair is <br />not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to <br />the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall 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 <br />sha11 be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Bonower. <br />In the event of a partial taking, destruction, or loss in val�ue of the Property in which the fair market value <br />of the Property immediately before the partial ta.king, destructio�, or loss in value is equal to or greater than the <br />amount of the sums secured by this Security Insirument immediately before the partial taking, destruction, or loss <br />in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument <br />shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total <br />amount of the sums secured immediately before the partial takin�, destruction, or loss in value divided by (b) the <br />fair market value of the Properiy immediately before the partial taking, destruction, or loss in value. Any balance <br />sha11 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 <br />of the Properiy immediately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums secured immediately before the partial taking, d�truction, or loss in value, unless Bonower and Lender <br />otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />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 that the Opposing <br />Party (as defined in the next sentence) offers to make an award'�to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the <br />Miscellaneous Proceeds either to restoration or repair of the Properly or to the sums secured by this Security <br />Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous <br />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 proceedi,ng, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Property or ather material impairment of Lender's interest in <br />the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has <br />occurred, reinstate as provided in Section 19, by causing the ac�ion or proceeding to be dismissed with a ruling <br />that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest <br />in the Property or rights under this Security Instru�rent. The proceeds of any award or claim for damages that are <br />attributable to the impairment of Lender's interest in the Properiy are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to resto#ation or repair of the Property shall be applied in <br />the order provided for in Section 2. ' <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br />Borrower or any Successor in Interest of Bonower shall not operate to release the liability of Borrower or any <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor <br />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 <br />Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, <br />Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in <br />amounts less than the amount then due, sha11 not be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who ca <br />signs this Security Instrument but does not execute the Note '(a "co-signer"): (a) is co-signing this Security <br />Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this <br />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 make any accommodations <br />with regard to the tezms of this Security Insirument or the Note without the casigner's consent. <br />NEBRASKA—Single Family—Fannie Mae/Freddle Mac iJNIFORM INSTI�UMEN1' (MERS) Form 30281/Ol (page 6 of 9 pages) <br />12439.CV (9/11) 907240 Creative Thinldng, Inc. <br />GOTO(OOlceaw) <br />�! ���`- <br />