|
200209033
<br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to done, and may enter into
<br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms andconditions
<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 />d the premiums paid to the insurer, the arrangement is o:
<br />Any such agreements will not affect the amounts
<br />or any other terms of the Loan. Such agreements w
<br />Mortgage Insurance, and they will not entitle Borrower to any
<br />(b)
<br />note, another insurer, any coinsurer, any other entity,
<br />amounts that derive from (or might be characterized
<br />ange for sharing or modifying the mortgage insurer's
<br />'Lender takes a share of the insurer's risk in exchange
<br />en termed "captive reinsurance." Further:
<br />that Borrower has agreed to pay for Mortgage
<br />11 not increase the amount Borrower will owe for
<br />regiments will not affect the ri ghts Borrower has - if any - with respect to the Mortgage
<br />frowners Protection Act of 1998 or any other law. These rights may include the right to
<br />s, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
<br />totmtically� and/or to receive a refund of any Mortgage Insurance premiums that were
<br />ach cancellation or termination.
<br />of Miscellaneous Proceeds;FOrrehtre. All Miscellan a)m Proceedsareherebywsignedwmd
<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 repair is economically feasible and Lender's security is not lessened. During such repair and restoration
<br />periral, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity m inspect such
<br />Property to ensure the work has been completed to Lender's satisfaction, 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 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 yy Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. If the restoration or repair is not econormcallyfeasible 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 m Borrower. Such Miscellaneous Pnleeeols 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, 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 amountofthe sums
<br />secured by this Security Instrument immediately before the partial taking, desnuctlon, or loss m value, unless Bonower and
<br />Lender otherwise agree In writing, the sums secured by this Security Instrmment shall be reduced by the amount of the
<br />Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immrdiatelybefure the
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the parfial
<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 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 whethcrornot the sums are then
<br />due.
<br />If the 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 party 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 m criminal, is begun that, in lenders
<br />judgment, could result in forfeiture of the Property or other material impairment ofLender's interest in the Property or rights
<br />under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
<br />Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, preludes forfeiture
<br />of the Property or other 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 attributable to the impairment of Lender's interest in the Property are
<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 of the time for payment or
<br />modification of amortization of the sums secured by this Security Instrument granted byLender to Borrower or anySucec%sm
<br />in Interest of Borrower shall not operate m 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 ufanydia and
<br />blade by the original Borrower or any Successors in lntcrestofBorrower. 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. Borrowercovenantsandagrees
<br />that Borr ower'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 at- signing this Security lnstreament onlyto mortgage, grant
<br />and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is act personally obligated
<br />to pay the sums secured by this Security Instrument and (c) aegis that lender and any other Burrower 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'., consent
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
<br />this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under lots 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 hencfit 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 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 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 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 Ivan 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 />NEBRASKA- Singlc Famuly- -Fmmie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3028 1 /01 (page 5 ofgpages)
<br />9754.CV(1,92) GII791
<br />GOTO(000296ID)
<br />
|