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200211284 <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter trim <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms andeonditions <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 m 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 of the note, another insurer, any reinsurer, any other entity, <br />or affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) n portion of Borrower's payments for Mortgagge 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 />(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 areherebyassigned to 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 repair is economically feasible and Lender's security is not lessened. During such repair and restoration <br />period, Lender shal I 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 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 1 cceeds, lender shall not be required to pa <br />Proceeds. If the restoration or repair is not economically feasi <br />Proceeds shall be applied to the sums secured by this Security <br />paid to Borrower. Such Miscellaneous Proceeds shall be apt <br />In the event of a total taking, destruction, or loss it <br />applied to the sums secured by this Security Instrument, whet <br />In the event of a partial taking, destruction, or loss <br />Property immediately before the partial taking, destruction, or <br />on <br />Instrument, whether or not men due, with the excess, It any, <br />lied in the order provided for in Section 2. <br />value of the Property, the Miscellaneous Proceeds shall be <br />er or not then due, with the excess, if any, paid to Borrower. <br />1 value of the Property in which the fair market value of the <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 of the sums secured immcabirmlybeforethe <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 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 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 or criminal, is begun that, in Lender's <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 proceedingg to be dismissed with a ruling t hat, in Lender's Judgment, precludes forfeiture <br />of the Property or other material impairment Wender's interest in the Property or rights under this Security Instrument. The <br />proceeds of any award or claim for damages that are attributable m the impairment of lender's interest in the Property are <br />hereby assigned 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 theorder <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 bylenderto 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 />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 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. Borrower covenants and agrees <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 act personally obligated <br />to pay the 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 of this Security Instrument or the Now without the co- <br />signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower whoassumes Borrower's obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borr ower'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 in 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 />Law. 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 amountnecessary to reduce the charge to the permitted limit; and (b) any sums <br />NEBRASRA stash, Family —Famue MaN eddie Mac UNIFORM INSTRUMENT Form3028 lau (page5nf8payex) <br />9754 CV(1AQ) GIM14 <br />