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202208315 <br />As a result of these agreements, Lender, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be <br />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. Any such agreements will not: (i) affect the <br />amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan; (ii) <br />increase the amount Borrower will owe for Mortgage Insurance; (iii) entitle Borrower to any refund; or (iv) <br />affect the rights Borrower has, if any, with respect to the Mortgage Insurance under the Homeowners <br />Protection Act of 1998 (12 U.S.C. § 4901 et seq.), as it may be amended from time to time, or any <br />additional or successor federal legislation or regulation that governs the same subject matter ("HPA"). <br />These rights under the HPA may include the right to receive certain disclosures, to request and obtain <br />cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or <br />to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />12. Assignment and Application of Miscellaneous Proceeds; Forfeiture. <br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to <br />receive all Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to Lender. <br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property is <br />damaged, any Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender <br />deems the restoration or repair to be economically feasible and Lender's security will not be lessened by <br />such restoration or repair. During such repair and restoration period, Lender will have the right to hold <br />such Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to ensure the <br />work has been completed to Lender's satisfaction (which may include satisfying Lender's minimum <br />eligibility requirements for persons repairing the Property, including, but not limited to, licensing, bond, <br />and insurance requirements) provided that such inspection must be undertaken promptly. Lender may <br />pay for the repairs and restoration in a single disbursement or in a series of progress payments as the <br />work is completed, depending on the size of the repair or restoration, the terms of the repair agreement, <br />and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to <br />Borrower, to the person repairing or restoring the Property, or payable jointly to both. Unless Lender and <br />Borrower agree in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, <br />Lender will not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If <br />Lender deems the restoration or repair not to be economically feasible or Lender's security would be <br />lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the sums secured <br />by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such <br />Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b). <br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in <br />Value of the Property. In the event of a total taking, destruction, or loss in value of the Property, all of <br />the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or <br />not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial <br />Devaluation") where the fair market value of the Property immediately before the Partial Devaluation is <br />equal to or greater than the amount of the sums secured by this Security Instrument immediately before <br />the Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums secured <br />by this Security Instrument unless Borrower and Lender otherwise agree in writing. The amount of the <br />Miscellaneous Proceeds that will be so applied is determined by multiplying the total amount of the <br />Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of the sums secured <br />immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the Property <br />immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to <br />Borrower. <br />111 III 1111111111 <br />* 1 3 0 5 8 3* <br />NEBRASKA --Single Fan -fly -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Mortgage Cadence Document Center 8 3027 09/21 <br />111111 1111 IIN <br />OR T DO T* <br />Form 3028 07/202 <br />Page 11 of 18 <br />