Laserfiche WebLink
<br />200602890 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a <br />portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or <br />reducing losses. If such agreement provides that an affiliate of Lender takes a share ofthe insurer's risk in exchange for a share of <br />the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: <br /> <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any <br />other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and <br />they will not entitle Borrower to any refund. <br /> <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br /> <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be <br />paid to Lender. <br /> <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to <br />ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender <br />may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. <br />Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender <br />shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not <br />economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured <br />by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds <br />shall be applied in the order provided for in Section 2. <br /> <br />In the event ofa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br /> <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by <br />this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender <br />otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous <br />Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, <br />destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, <br />destruction, or loss in value. Any balance shall be paid to Borrower. <br /> <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br /> <br />Ifthe Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the <br />next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the <br />date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the <br />Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that <br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous <br />Proceeds. <br /> <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could <br />result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security <br />Instrument. <br /> <br />G-6A(NE) (0407) <br />~ <br />DDS-NET <br /> <br />Page9of15 <br /> <br />Initials: :i}, f .I! <br /> <br />Gd:a <br /> <br />Form 3028 1/01 <br />