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<br />200706913 <br /> <br />Borrower was required to make separately designated payments toward the premiums for <br />Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance <br />in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing <br />for such termination or until termination is required by Applicable Law. Nothing in this Section <br />10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain <br />losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the <br />Mortgage Insurance. <br />Mortgage insurers evaluate their total risk on all suoh insurance in force from time to time, <br />and may enter into agreements with other parties that share or modify their risk, or reduce losses. <br />These agreements are on terms and conditions that are satisfactory to the mortgage insurer and <br />the other party (or parties) to these agreements. These agreements may require the mortgage <br />insurer to make payments using any source of funds that the mort~age insurer may have available <br />(which may inolude funds obtained from Mortgage Insuranoe premmms). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any <br />reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or <br />indirectly) amounts that derive from (or might be oharacterized as) a portion of Borrower's <br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the <br />insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is <br />often termed It capti ve reinsurance. It Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to <br />pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not <br />increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle <br />Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with <br />respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any <br />other law. These rights may include the right to receive certain disclosures, to request <br />and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance <br />terminated automatically, and/or to receive a refund of any Mortgage Insurance <br />premiums that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are <br />hereby assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or <br />repair of the Property, if the restoration or repair is economically feasible and Lender's security is <br />not lessened. During such repair and restoration period, Lender shall have the right to hold such <br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure <br />the work has been completed to l..ender's satisfaction, provided that such inspection shall be <br />undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or <br />in a series of progress payments as the work is completed. Unless an agreement is made in <br />writing or Applioable 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 <br />the restoration or repair is not economically feasible or Lender's security would be lessened, the <br />Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether <br />or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then <br />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 <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />equal to or greater than the amount of the sums secured by this Security Instrument immediately <br />before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of <br />the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums <br />secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair <br /> <br />q, -6(NE) (0407) <br />CVNE 08/08/07 9:54 AM 6680836480 <br /> <br />F'agQ 9 of 16 <br /> <br />Initials: t.?fV ~~ <br />Form 3028 1/01 <br />