|
202404657
<br />mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which
<br />may include funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, another insurer, any reinsurer, any other entity, or any affiliate of any
<br />of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion
<br />of Borrower' s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer' s risk,
<br />or reducing losses. Any such agreements will not: (i) affect the amounts that Borrower has agreed to pay for Mortgage
<br />Insurance, or any other terms of the Loan; (ii) increase the amount Borrower will owe for Mortgage Insurance; (iii)
<br />entitle Borrower to any refund; or (iv) affect the rights Borrower has, if any, with respect to the Mortgage Insurance
<br />under the Homeowners Protection Act of 1998 (12 U. S.C. § 4901 et seq.), as it may be amended from time to time,
<br />or any additional or successor federal legislation or regulation that governs the same subject matter ("HPA"). These
<br />rights 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 any
<br />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 receive all
<br />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 damaged, any
<br />Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender deems the restoration or
<br />repair to be economically feasible and Lender' s security will not be lessened by such restoration or repair. During such
<br />repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds until Lender has had
<br />an opportunity to inspect the Property to ensure the work has been completed to Lender' s satisfaction (which may
<br />include satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not
<br />limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly.
<br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work
<br />is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether
<br />Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person
<br />repairing or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or
<br />Applicable 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 not to
<br />be economically feasible or Lender' s security would be lessened by such restoration or repair, the Miscellaneous
<br />Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
<br />if any, paid to Borrower. Such Miscellaneous Proceeds will be applied in the order that Partial Payments are applied
<br />in Section 2(b).
<br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the
<br />Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous
<br />Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
<br />if any, paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial Devaluation")
<br />where the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the
<br />amount of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of
<br />the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument unless Borrower and
<br />Lender otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is determined
<br />by multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total
<br />amount of the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value
<br />of the Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid
<br />to Borrower.
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ✓ DocMagic
<br />Form 3028 07/2021
<br />Page 11 of 19
<br />ne3028. dot -a. xml
<br />
|