Laserfiche WebLink
<br />200700195 <br /> <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If <br />Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the <br />merger in writing. <br />9. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender, subject to the rights of any lienholder with rights to Miscellaneous Proceeds <br />that are superior to Lender's rights. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such <br />repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had <br />an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided <br />that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing <br />or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay <br />Borrower any interest or earnings on such Miscellaneous Proceeds. Subject to the rights of any lienholder with <br />rights to Miscellaneous Proceeds that are superior to Lender's rights, if the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by <br />this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous <br />Proceeds shall be applied in the order provided for in Section 2. <br />Subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to Lender's <br />rights, 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 <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount <br />of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be <br />reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of <br />the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market <br />value of the Property immediately before the partial taking, destruction, or loss in value. Subject to the rights of any <br />lienholder with rights to Miscellaneous Proceeds that are superior to Lender's rights, any balance shall be paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of <br />the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument <br />whether or not the sums are then due, subject to the rights of any lienholder with rights to Miscellaneous Proceeds <br />that are superior to Lender's rights. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined in the next sentence) otTers to make an award to settle a claim for damages, Borrower fails to respond to <br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous <br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or <br />not then due, subject to the rights of any lienholder with rights to Miscellaneous Proceeds that are superior to <br />Lender's rights. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party <br />against whom Borrower 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 <br />Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under this Security Instrument. Borrower can cure such a default by causing the action or <br />proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other <br />material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are <br />hereby assigned and shall be paid to Lender. <br /> <br />l.iliiiiiIIIUnllii.llliii..lii (5/4/06) <br /> <br />(page 6 of J 3 pages) <br />Docwnents Processed 12-11-2006,08:40:57 <br />