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200302389
<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 />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. 'These agreements may
<br />re me the mortgage insurer to make payments using any source of funds that die mortgage insurer may have available
<br />(which may include funds obtained from Mortgage Insurance premiums).
<br />As a result ofthese agreements, Lender, any purchaser ofthe note, a other insurer, any rcinamer, any other entity,
<br />or affiliate ofanyy of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized
<br />as) a portion ofBorrower'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 of the insurer's risk in exchange
<br />for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance" Further:
<br />In) 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 Pruccediiare herebyassigmedtoand
<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 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 in a single disbursement or in a series of progress payments as the
<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 be required to pay Burrower any Interest or earnings on such Miscellaneous
<br />Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, die Miscellaneous
<br />Proceeds shall be applied to the sums secure by this Security Instrument, whether or not then due, with the excess, if any,
<br />paid to Borrower. Such 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 of the Property, the Miscellaneous Proceeds shall be
<br />applied to the sums secured by this 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 of the 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 emor mtoftle sums
<br />secured by this Security Instrument immediately before the partial taking, destruction, 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) thetood amount ofthe sums secured immediatelybefore the
<br />partial taking, 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 of partial taking, destruction, or loss in value ofthe Property in which the fair market value ofthe
<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 by this Security Instrument whether or not the sums are 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 to 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 efaction in regard to Miscelllarheous Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in lender's
<br />judgment, could result in forfeiture ofthe Property or other material impairment ofUnder's interest in the Propertyor rights
<br />under this Security Instrument Borrower can cure Stich a default and, ifacceleretion has occurred, reinstate as provided In
<br />Section l9, by causing the action or proceedingg to be dismissed with a ruling that, in I ender'sjudgment, Precludes forfeiaue
<br />ofthe Property or other material impairment Wender's interest in the Property or rights under this SeenityInstrument. The
<br />proceeds of any award or claim for darnages that are attributable to the impairment off zrider's interest in the Property are
<br />hereby assiggnee and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied lathe order
<br />provided for in Section 3.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or
<br />modification ofamortization ofthe sums secured by this Security Instrument granted by lender to Borrower or an Successor
<br />in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest ofyBorrower.
<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 by the original Borrower or any Successors in Interest of Borrower. Any forbearance by I znder in exercising myriOr
<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 ofor preclude the exercise of any right or remedy.
<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 />mid convey the co- signer's interest in the Property under the terms ofthis Security Instrument; (b) is not personal y ohlilmod
<br />to pay the sums secured by this Security Instrument; and (c) aggrees that Lender and any other Borrower can agree to extend,
<br />modity, forbear or make any accommodations with regard tot eternns ofthis Security Instrument or the Note without the co-
<br />signer's consent.
<br />Subject to the provisions of Section 18, any Successor in lnterestofBorrowerwhoassumes Borrower 'sobligations
<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. 'I he covenants and agreements ofthis Security Instrument shall
<br />bind (except as provided in Section 20) mid benefit the successors and assigns ofl.cnder.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
<br />default, for the purpose ofprotecling Lender's interest in the Properly and rights under this Security Instrument, including,
<br />but not limited to, attorneys' fees, property inspection and valuation tees. 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 by this Security Instrument or by Applicable
<br />Law.
<br />Ifthe 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 colleael in connection with the Loan exceed the permitted limits, then: (a)
<br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
<br />N ERRASKA— Single Pacer ly— Fermi, MaoTrednie Mac UNIFORM INSTRUMENT Fonn3028 1101 (pnge5 uf8 pores)
<br />9754 CV (1/02) 1661008
<br />GOTO(000445e9)
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