|
202402239
<br />0152909207
<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 additional
<br />or successor federal legislation or regulation that governs the same subject matter ("HPA"). These rights
<br />under the HPA may include the right to receive certain disclosures, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of
<br />any Mortgage Insurance premiums that were unearned at the time of such 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 such
<br />restoration or repair. During such repair and restoration period, Lender will have the right to hold such
<br />Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to ensure the work has
<br />been completed to Lender's satisfaction (which may include satisfying Lender's minimum eligibility
<br />requirements for persons repairing the Property, including, but not limited to, licensing, bond, and insurance
<br />requirements) provided that such inspection must be undertaken promptly. Lender may pay for the repairs
<br />and restoration in a single disbursement or in a series of progress payments as the work is completed,
<br />depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower is
<br />in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or
<br />restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or Applicable
<br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay
<br />Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair
<br />not to be economically feasible or Lender's security would be lessened by such restoration or repair, the
<br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not then
<br />due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds will be applied in the order that
<br />Partial Payments are applied in Section 2(b).
<br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value
<br />of the Property. In the event of a total taking, destruction, or loss in value of the Property, all of the
<br />Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not then
<br />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 the
<br />Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums secured by this
<br />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 />In the event of a Partial Devaluation where the fair market value of the Property immediately before
<br />NEBRASKA—Singlc Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021
<br />tt:411 25306.5 Page 11 of /8
<br />
|