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<br />200808804
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<br />4048504390
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<br />not, without the e'\press written eonsenl of Lender, 11ller or amend the ground lease, If Borrower acquires fee title to the
<br />Property. the leasehold and the fee title shall not merge unkss Ll~l1(kr agrees to the merger in writing,
<br />10, Mortgllge .Insunmcc. 11' Lender required MOIigage Insuranee as a eondition of making the Loan, Borrower shall
<br />pay the premiums required to maintain the Mortgage Insuranee in dTec\. [I'. fi)J' any reason, the Mortgage Insurance coverage
<br />required by Lender eeases to he a\ailahle from the mortgage insurer that previously provided sueh insuranee and Borrower was
<br />required to make separately designated payments toward the premiullls for Mortgage Insuranee, Borrower shall pay the
<br />premiums required to ohtain coverage substantially equivalent to the Mortgage Insurance I)\'eviously in elIed, at a cost
<br />substantially equivalent to the eostto Borrower of the Mortgage Insurance previously in dTect, from an alternate mortgage
<br />insurer seleded bv Lender. If substantially elluivaknt Mortgage Insurance coverage is not available, Borrower shall continue 10
<br />pay to Lender the amount of the separately designated payments that were due when the insurance coverage eeased to be in
<br />el1ec!. Lender will accept, use ami retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such
<br />loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
<br />required to pay Bornnver any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
<br />Mortgage Insurance coverage (in the amount and I'()r 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 premimlls for Mortgage
<br />Insuranee, If Lender relluired Mortgage Insurance as a condition of making the Loan and Borrower was required to make
<br />separately designated payments wW(IHIthe premiums t'(\I' Mortgage Insurance, Borrower shall pay the premiums required to
<br />maintain Mortgage Insurance in eHec!. or to provide a non-refundable loss reserve, until Lender's requirement I'()\' MOIigage
<br />Insurance ends in accordance with any written agreement bdween Uorrower and Lender providing for such tennination or lllltil
<br />tennination is requircd by Applicable La\Y. Nothing in this Scction 10 affeds Borrower's obligation to pay interest at the rate
<br />provided in the Note,
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<br />Mortgage Insurance reimburscs Lender (or any entity that purchases the Note) for certain losses it may incur if
<br />Borrower does not repay the Loan as agreed, Borrower is not a part\' to the Mortgage Insurance.
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<br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, am! may enter into
<br />agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on tenns and wnditions
<br />that are satisl'actory to the mortgage insurer and the other party (or parties) to these agreements. These agrcements may require
<br />the mOligage insurer to make payments using any source of funds thut the Illortgage insurer may have available (which may
<br />inelude funds obtained from Mortgage Insurancc premiums).
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<br />As a result of these agreements, Lemler, an~ purchaser of the Note, another insurer, any reinsurer, any other entity, or
<br />any affiliate of any of the foregoing, may rccei\'e (directly or indireclly) amounts that derive from (or might be characterized
<br />as) a portion of Borrower's paymcnts I'(lr Mortgage Insurance, in e'\change I'(x sharing or moditYing the mortgage insurer's risk,
<br />or reducing losscs. If such agreement provides that an affiliatc of I,ender takcs a share of the insurer's risk in e'\change for a
<br />share of the premiums paid to the insurer, the arrangement is onen termed "captive reinsurance" Further:
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<br />(n) Any such llgreemenh will not affect the amounts that Borrower hlls llgreed to pny for Mortgage Insurance,
<br />or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage
<br />Insurance, and they will not entitle Borrower to any refund.
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<br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgnge
<br />Insurance under the Homeowners Protection Act of 1998 or any other Illw. These rights may include the right to receive
<br />certain disdosu res, to request and ohtain cancellation of the Mortgllge Insunnce, to ha,,,e the Mortgage Insurance
<br />terminated automatically, and/or to n'cei\'e II refund of llDY Mortgllge Insurance premiums that were unearned at the
<br />time of such cnncelllttion or terminntilln.
<br />11. Assignment of Miscellaneous Procl'eds; Forfeiture, ^ll Miscellaneous Proeeeds are hereby assigned to and
<br />shall be paid to Lendcr.
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<br />If the Property is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair of the Propeliy, if the
<br />restoration or repair is economically t"easible and Lender's security is not lessened, During such repair and restoration period,
<br />Lender shall have the right to hold such Miscellancous Proceeds until Lender has had an opportunity to inspect such Property
<br />to ensure the \vork has been completed to Lender's sUlisl'acljon, provided that such inspection shall be undertaken promptly.
<br />Lender nHl~' pay for the repairs und restoration in a single dishurscment or in a series of progress payments as the work is
<br />complcted, Unless an agreement is mude in writing or ^pplicable Luw requires interest to be paid on such Miscellaneous
<br />Proceeds, Lender shall not be requirl'd 10 pH\' Borrower any interest or earnings on such Miscellaneous Proceeds. If the
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<br />NlmR\SKA--Singk Familv--F,,,,,,j(' I\I,,,,/F"l'll<li. Mac IINIF<mM INSTRlTt\1ENT
<br />!\Io<lilil'd rOf vA
<br />€:>' .,:;S.2 Page 7 or 12
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<br />Form 3028 I/Ot
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