|
200213471
<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 />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reinsures, any other entity,
<br />or affiliate of any of the foregoing, may mccive (directly or indirectly) amounts that derive from (or might be characters zed
<br />as) a portion of Borrower's payments for Mortgage Insm-ance, in exchange for sharing or modifying the mortgage insurer's
<br />risk, or reducing losses. If such agreement provided that an affiliate oft ender 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 terns 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 are hereby assigned to and
<br />shall he paid to Lender.
<br />It the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it
<br />the restoration or repair is econonucally feasible and Lender's security is not lessened. During such repair and restoration
<br />period, Lender shall 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 Proceeds, Lender shall not be required to pay 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, it any,
<br />paid to Borrower. Such Miscellaneous Proceeds shall be applied in the or 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 par dal taking, destruction, or loss in value is equal to or greater than the a uowrt of the units,
<br />secured by this Security Instrument immediately before the parttal taking, destruction, or loss in value, unless Borrower and
<br />Lender otherwise agree m 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 smrnedately before 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 he 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, desa'uction, 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 lnstrument whether or not the sums arethen
<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 col Iceland 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 Pfoceeds.
<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 ail mater iampairment of Lender's interest in the Prupertyorrights
<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 Under'sjudgnent, precludes forfeiture
<br />of the Property or other material impairment of lender's interest in the Property or rights under this Securaylnsnument. 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 />All Miscellaneous Pfoceeds that are not applied to restoration or repair of the Property shall be applied in intruder
<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 famortization ofthe 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 againstany Successor in Interest of Borrower or to refuse to extend
<br />or comedy mcludmg, 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 rcmcdy.
<br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Bortowercovenataandagees
<br />that Borrower's obligations and liability shall he 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 pay the sums secured by this Security Instrument, and (c) agrees that Under and any other Borrower can agree to extend,
<br />modify, fonccar or make any accommodations with regard In the terms ofthis Security Instrument or theNote without thew -
<br />signer's consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations
<br />under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefiLS under
<br />this Security instrument. Borrower shall not he released from Borrower's obligations and liability under this Security
<br />Instrument unless Lender agrees to such release in writing. The covenants and agreements ofthis Secusitylnsnornent shall
<br />hind (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 ofprotecting Lender's interest in the Propert y and rights under this Security lnstrument, including,
<br />but not limited m, attorneys' fees, property inspection and valuation free In regard to any other fees, the absence of express
<br />authority in this Security Instrument to charge a specific five to Borrower shall not be construed as a prohibition on the
<br />charging of such tee. Lender may not charge fees that are expressly prohibited by this Security lnstrmnent or by Applicable
<br />Lrw,
<br />If the Loan is subjection law which sea maximum loan charges, and that law is finally interpreted so that die
<br />interest mother loan charges culle;hd or to be collected in connection with the Tern 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 Single Family - Fannie Mae/Hreddie Mar UNIFORM INSTRUMENT Forne 3028 1 /01 (page 5 of pages)
<br />9454 CV (1s)2) 1630055
<br />G0101000311a4l
<br />
|