|
<br />'.i :
<br />
<br />200710521
<br />
<br />payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender
<br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
<br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated
<br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in
<br />effect, or to provide a non,refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written
<br />agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
<br />Section 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 losses it may incur if Borrower does not
<br />repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
<br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other
<br />parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the
<br />mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make
<br />payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
<br />Insurance premiums).
<br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of
<br />any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
<br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
<br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the
<br />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 Insurance, or any other terms of
<br />the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to
<br />any refund.
<br />(bl Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the
<br />Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and
<br />obtain cancellation of the Mortgage Insurance. to have the Mortgage Insurance terminated automatically, and/or to 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 assigned to and shall be paid to
<br />Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or
<br />repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right
<br />to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed
<br />to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
<br />single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
<br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on
<br />such Miscellaneous Proceeds. If 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 or not then due, with the excess, if any,
<br />paid to Borrower. Such Miscellaneous Proceeds shall be 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 Proceeds shall be applied to the sums
<br />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 Property immediately
<br />before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security
<br />Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
<br />sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following
<br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
<br />market value of the Property immediately before the partial taking, 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 value of the Property immediately
<br />before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking,
<br />destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the
<br />sums secured by this Security Instrument whether or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next
<br />sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the
<br />notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
<br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
<br />Miscellaneous Proceeds or the party 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 Lender's judgment, could result in
<br />forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.
<br />Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, 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 material impairment of
<br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
<br />attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
<br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in
<br />Section 2.
<br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization
<br />of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate
<br />to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings
<br />against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
<br />secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.
<br />Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
<br />persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude
<br />the exercise of any right or remedy.
<br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's
<br />obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the
<br />Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
<br />under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
<br />agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of
<br />this Security Instrument or the Note without the co-signer's consent.
<br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this
<br />Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument.
<br />Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release
<br />in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the
<br />successors and assigns of Lender.
<br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose
<br />of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,
<br />property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge
<br />a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are
<br />expressly prohibited by this Security Instrument or by Applicable Law.
<br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan
<br />charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be
<br />reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
<br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
<br />Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
<br />without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such
<br />refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
<br />
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Page 4 of 6
<br />
<br />Form 3028 1/01
<br />
<br />75-
<br />//5
<br />
|