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20030219£
<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 modify their risk, or reduce losses. These agreements are on terms and conditions
<br />[ int are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may
<br />regire 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 ofthcse agreements, Lender, any purchaser ofthe note, another insurer, any reinsurer, any other entity,
<br />or affiliate of any of the toregmng, may receive (directly or indirectly) amounts that derive from (or might he characterized
<br />as) a port ion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. If such 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 ofthe 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 righis Borrower has— ifany — 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 mi such cancellation or termination.
<br />11. Assignment ofMisccllaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
<br />shall be paid to Lender.
<br />Ifthe Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair oftheliroperty, if
<br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration
<br />promptly. Lender may pay for the repairs and restoration an a single disbursement or In a series of progress payments as me
<br />work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
<br />Miscellaneous Proceeds, Lender shall not he required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
<br />Proceeds shall be applied to the sums secured bythis Security Instrument, whether or not due, with the excess, ifany,
<br />paid to Borrower. 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 ofthe Properly, the Miscellaneous Proceeds shall be
<br />applied to the sums secured bythis Security Instrument, whether or not then due, with the excess, ifany, paid to Borrower.
<br />In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value of the
<br />Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the ame mtofthesums
<br />segued by this 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 of the
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediately before the
<br />partial Wring, destruction, or loss in value divided by (b) the fair market value ofthe Property immediately before the partial
<br />taking, destruction, or loss in value. Any balance shall be paid to Borrower.
<br />In the event ofa partial taking, destruction, or loss in value ofthe Property in which the Pair market value ofthe
<br />Property immediatelyy before the Partial taking, destruction, or loss in value is less than the amount of the 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 by this Security Instrument whether or not the sums arethen
<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 darnsges, Borrower fails to respond o 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 to the sums secured by this Security Instrument, whether or not then due.
<br />"Opposing Party" means the third panythat owes Borrower Miscellaneous Proceeds or the partyagainst whom Borrower
<br />has a right ofaction in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default ifany action or proceedin , whether civil or criminal, is begun that, in Lender's
<br />judgment, could result in forfeiture ofthe Properly or other material impairment ofUnder's interest in the Property or rights
<br />under this Security Instrument. Borrower can cure such a default and, ifacceleration has occurred, reinstate as rovided in
<br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender'sjudgment, precludes forfeiture
<br />er
<br />ofthe Property or oth material impairment of Lender's interest in the Property or rights under this Security Instrument. The
<br />proceeds of any award or claim for damages that are anributablc to the impairment of Under's interest in the Property arc
<br />hereby assiggned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration 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 ofthe time for payment or
<br />modification ofamortization ofthe suns secured bythis Security Instrument granted bylonderto Borrower oran Successor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest ofYBorrower.
<br />Leader shall not be required to commence proceedin s against y Successor in Interest ofBOrrower or to refuse to extend
<br />time for payment or otherwise modify amortization of &th an
<br />e sums secured by this Security Instrument by reason ofanydemand
<br />made by the original Borroweror any Successors in Interest of Borrower Any forbearance by Lender 111 exercising any right
<br />or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
<br />Intmest ufBarrowcr or in
<br />amounts less than the amount then due, shall not be a waiver ofor preclude the exercise ofany right or remedy.
<br />13. joint and Several Liability; Cu-signers; Successors and Assigns Bound. Borrower covenants and agrees
<br />that Borrower's obligations mid 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 ofthis Security Instrument; (b) is not personally obligated
<br />to paythe sums secured by this 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 ofthis Security Instrument or the Note withoutthe 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 Under, shall obtain all of Borrower's rights and benefits wider
<br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security
<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' tees, property inspection and valuation fees. In regard to any other fees, the absence ofexpress
<br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
<br />chargingofsuchfee. Lender may not charge fees that are expressly prohibited bythis 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 suns
<br />NEmUVs A-- Single Family — Fannie McNFreddie Mao UNIFORM INSTRUMENT Form3028 1101 (page5of8yrsges)
<br />9754 CV (1 /02) 1655844
<br />GOTO(0004306G
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