|
200300796
<br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
<br />agreements with other parties that share or odify their risk, or reduce losses. These agreements are on terms and conditions
<br />that m are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may
<br />require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available
<br />(which may include funds obtained from Mortgage Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, any romancer, any other entity,
<br />or affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized
<br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. Ifsuch agreement provided that an affiliate of Lender takes a share ofthe insurer's risk in exchange
<br />for a share ofthe premiums paid to the insurer, the arrangement is 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 owe for
<br />Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b) Any such 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 include the right to
<br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
<br />Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were
<br />unearned at the time of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assibmecito and
<br />shall be paid to Lender.
<br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if'
<br />the restoration or repair 1s economically feasible and Lender's security is not lessened. During such repair and restoration
<br />period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
<br />Property to ensure the work has been completed to Lender's satisfact ion, provided that such inspection shall be undertaken
<br />promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the
<br />work 1s completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. Ifthe restoration or repair is not economically feasible or Lender's securitywould be lessened, the Miscellaneous
<br />Proceeds shall be applied to the sums secured bythis Security Instrument, whether or not then due, with the excess, ifany,
<br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
<br />In the event ofa total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be
<br />applied to the sums secured bythis Security Instrument, whether or not then due, with the excess, Tarry, paid to Borrower.
<br />In the event ofa partial taking, destruction, or Toss in value ofthe Property in which the fair market value ofthe
<br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums
<br />secured bythis Security Instrument immediately before the partial taking, destruct ion, or loss in value, unless Borrower and
<br />Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount ofthe
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediately before the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial
<br />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 fair market value of the
<br />Property immediately before the partial taking, destruction, or loss in value is less than the amount ofthe sums secured
<br />immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing,
<br />the Miscellaneous Proceeds shall be applied to the sums secured bythis Security Instrument whether or notthe sums site then
<br />due.
<br />Ifthe Property is abandoned by Borrower, or if, after 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, Borrower fails to respond to Lender
<br />within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either
<br />to restoration or repair of the Property or W the sums secured by this Security Instrument, whether or not then due.
<br />"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower
<br />has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
<br />jud(,ment, could result in hate, ionic ofthe Property or other material impairment ofUnder's interest Tribe Property or rights
<br />under this Security Instrumen. Borrower can cure such adefaof and, ifaccelerati0n has occurred, reinstate as provided m
<br />Section 19, by causing the action or proceedingg [o be dismissed with a ruling [hat, in Lender'sjudgmenS proof
<br />udesforfeiture
<br />ofthe Property or other material impairment a Under 's interest in the Property or rights under this Security Instrument The
<br />proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are
<br />hereby essiyymad and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to of
<br />or repair of the Property shall be applied in the order
<br />provided for in Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
<br />modification of inu.nuortion of the sums secured by this Security Instrument granted by Lender in Borrower or anySuceessor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.
<br />Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend
<br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason ofanydemand
<br />made bythe original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising anyright
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
<br />Interest of Borrower or in
<br />amounts less than the amount then due, shall 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. Borrowercovermusandagrees
<br />that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
<br />Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant
<br />and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personallyobligated
<br />to pay the sums secured bythis Security instrument; and (c) agrees that Lender and any other Borrower can agree to extend,
<br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-
<br />signer's consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
<br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under
<br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<br />Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall
<br />bind (except as provided in Section 20) and berefitthe successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose ofprotecting Lender's interest in the Property and rights under this Security Instrument, including,
<br />but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence ofexpress
<br />authority in this Security Instrument to chargge a specific fee to Borrower shall not be construed as a prohibition on the
<br />charging of such fee. Lendermaynotchargefees that are expressly prohibited by this Security Instrument or by Applicable
<br />Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
<br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a)
<br />any such loan charge shall be reduced by the amount necessaryto reduce the charge to the permitted limit; and (b) any sums
<br />NERRA.SKA— Sim&le Fnmily-- Fannie M.OFreddie Mac UNIFORM INSTRUMENT Farm3038 1101 (page SOfN pogo)
<br />9754 CV (1102) 1541141
<br />
|