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200206363 <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 />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 />(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 stanch cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are herebyassigned m and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or reoair is economically feasible and Lender's security is not lessened. Dunne such reoair and restoration <br />Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender maypay 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 pa Borrower 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, the Miscellaneous <br />Proceeds shall be applied to the sums secured 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 to 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, if any, 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 amount ofthe sums <br />secured bythis Security Instrument immediately before the mind 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 of the <br />Miscellaneous Proceeds multiplied bythe following fraction: (a) the total amount of the sums secured immediandybefere 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 ofthe Property in which the fair market value ofthe <br />Property immediate)yy before the partial taking, destruction , or ing, destructi, loss in value is less than the amount of the sums secured <br />immediatelybefore 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 me then <br />due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that die 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 Pargv' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower <br />has a right of action in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action m proceeding, whether civil or criminal, is begun that, in Lender's <br />ludement, could result in forfeiture ofthe Pronertvor other material impairment ofLender's interest in the Pronetwor nahta <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's judgment, proem esforfeiture <br />of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The <br />Rocreeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />ereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of die 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 amortization of the sums secured by this Security Instrument granted by Under to Borrower or any Successor <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 my 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 ofanydentand <br />made bythe original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right <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. Bormwercmvenantsandagrees <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 ofthis Security Instrument; (b) is mtpersonallyobligated <br />to paythe sums secured bythis Security Instrument; and (c) agrees that Lender and anyother Borrower can agree to extend, <br />modify, forbear or make anyaccommodations with regard to the terms ofthis Security instrument or the Note without theco- <br />signei 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 byLmder, shall obtain all of Borrower's rights andbenefits 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 benefit the 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 of protecting Lender's interest in the Property and rights under this Security Instrument, including, <br />but not limited to, attorneys' fees, propertyinspection and valuation fees. In regard to any other fees, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Securi ty Instrument or by Applicable <br />Law. <br />If the Loan is subject to a law which set 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 />anysuch loan charge shall be reduced bythe amount necessary to reduce the charge to the permitted limit; and (b) anysums <br />NEBRASKA — Single Family -- Fannie MaeTreddle Mac UNIFORM INSTRUMENT Form3028 1101 /page5of8 pngeal <br />9754 CV (102) 011642 <br />