Laserfiche WebLink
<br />200509549 <br /> <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />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 <br />premiwns paid to the insurer, the arrangement is often temled "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 ther 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 <br />may include the right to receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />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 Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of <br />the Property, if tlIe restoration or repair is economically feasible and Lender's security is not lessened. <br />During such repair and restoration period, Lender shall have tlIe right to hold such Miscellaneous Proceeds <br />until Lender has had an opportunity to inspect such Property to ensure tlIe work has been completed to <br />Lender's satisfaction, provided tlIat such inspection shall be undertaken promptly. Lender may pay for tlIe <br />repairs and restoration in a single disbursement or in a series of progress payments as tlIe work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellaneous Proceeds. If tlIe restoration or repair is not economically feasible or Lender's security would <br />be lessened, tlIe Miscellaneous Proceeds shall be applied to tlIe swns secured by this Security Instrument, <br />whether or not then due, witlI tlIe excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be <br />applied in tlIe order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of tlIe Property, tlIe Miscellaneous <br />Proceeds shall be applied to tlIe swns secured by tlIis Security Instrument, whetlIer or not tlIen due, witlI <br />tlIe excess, if any, paid to Borrower. <br />In tlIe event of a partial taking, destruction, or loss in value of tlIe Property in which tlIe fair market <br />value of tlIe Property immediately before tlIe partial taking, destruction, or loss in value is equal to or <br />greater tlIan tlIe amount of tlIe swns secured by this Security Instrument immediately before tlIe partial <br />taking, destruction, or loss in value, unless Borrower and Lender otlIerwise agree in writing, tlIe swns <br />secured by this Security Instrument shall be reduced by the amount of tlIe Miscellaneous Proceeds <br />multiplied by tlIe following fraction: (a) tlIe total amount of tlIe sums secured immediately before the <br />partial taking, destruction, or loss in value divided by (b) tlIe fair market value of tlIe Property immediately <br />before tlIe 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 m value of tlIe Property in which tlIe fair market <br />value of tlIe Property immediately before tlIe partial taking, destruction, or loss in value is less than tlle <br />amount of tlIe swns secured immediately before tlIe partial taking, destruction, or loss in value, unless <br />Borrower and Lender otherwise agree in writing, tlIe Miscellaneous Proceeds shall be applied to tlIe sums <br />secured by this Security Instrument whetlIer or not tlIe swns are tlIen due. <br />If tlIe Property is abandoned by Borrower, or if, after notice by Lender to Borrower tlIat tlIe <br />Opposing Party (as defined in tlIe next sentence) offers to make an award to settle a claim for damages, <br />Borrower fails to respond to Lender witlIin 30 days after tlIe date the notice is given, Lender is autlIorized <br />to collect and apply tlIe Miscellaneous Proceeds eitlIer to restoration or repair of tlIe Property or to the <br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" means tlIe third party <br />tlIat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in <br />regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whetlIer civil or criminal, is begun tlIat, in <br />Lender's judgment, could result in forfeiture of the Property or otlIer material impairment of Lender's <br />interest in the Property or rights under tlIis Security Instrument. Borrower can cure such a default and, if <br /> <br />. -6(NE) 10005) <br /><!> <br /> <br />Initi'I':~ <br /> <br />Pago 9 of 15 <br /> <br />Form 3028 1/01 <br />