|
200316426
<br />Asa result of these agreements,Lender, any purchaser of the Note, anotherinsurer, any reinsures, any
<br />other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
<br />from (or might be characterizedas) a portion of Borrower's payments for Mortgage Insurance, in exchange
<br />for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreementprovides that an
<br />affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
<br />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
<br />Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
<br />Borrower will owe for 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
<br />Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
<br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
<br />Insurance, to have the Mortgage Insurance terminated automatically, and /orto receive a refund of any
<br />Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
<br />assigned to and shall be paid to Lender.
<br />If the Propertyis damaged, such MiscellaneousProceeds shall be applied to restorationor repair of the
<br />Property, if the restorationor repair is economically feasible and Lender's security is not lessened. During
<br />such repair and restorationperiod, Lender shall have the right to hold such Miscellaneous Proceeds until
<br />Lender has had an opportunity to inspect such Property to ensure the work has been completedto Lender's
<br />satisfaction, provided that such inspection shall be undertakenpromptly. Lender may pay for the repairs and
<br />restorationon a single disbursementor in a series of progress payments as the work is completed. Unless an
<br />agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
<br />Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous
<br />Proceeds. If the restorationor repair is not economically feasible or Lender's security would be lessened, the
<br />MiscellaneousProceedsshall be applied to the sums securedby this Security Instrument,whether or not then
<br />due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order
<br />provided for in Section 2.
<br />In the event of a total taking, destruction, or loss in value of the Property, the MiscellaneousProceeds
<br />shall be applied to the sums securedby this Security Instrument,whether or not then due, with the excess, if
<br />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
<br />value of the Propertyimmediatelybefore the partialtaking, destruction,or loss in value is equal to or greater
<br />than the amount of the sums secured by this Security Instrument immediately before the partial taking,
<br />destruction,or loss in value, unless Borrowerand Lenderotherwiseagreein writing, the sums securedby this
<br />Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
<br />following fraction: (a) the totalamountof the sums securedimmediatelybefore the partial taking, destruction,
<br />or loss in value divided by (b) the fair market value of the Property immediatelybefore the partial taking,
<br />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
<br />value of the Property immediately before the partial taking, destruction, or loss in value is less than the
<br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
<br />Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
<br />secured by this Security Instrument whether or not the sums are then due.
<br />If the Propertyis abandonedby Borrower, or if, after notice by Lender to Borrower that the Opposing
<br />Party (as defined in the next sentence)offers to make an award to settle a claim for damages, Borrower fails
<br />to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
<br />apply the MiscellaneousProceedseitherto restorationor repairof the Propertyor to the sums securedby this
<br />Security Instrument,whether or not then due. "Opposing Party' means the third party that owes Borrower
<br />MiscellaneousProceedsor the party againstwhom Borrowerhas a right of actionin regardto Miscellaneous
<br />Proceeds.
<br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could resultin forfeitureof the Propertyor othermaterialimpairmentof Lender's interest
<br />in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
<br />Inklals:
<br />6 {NE) non __ Page s of is Form 3028 1/01
<br />
|