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RE- RECORDED <br />200900014 <br />200807176 <br />Mortgage Insurance, reimburses Lender (or any entity that purchases the Note) for certain losses it may <br />incur if Borrower does not 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 <br />into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms <br />and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. <br />These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage <br />insurer may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or <br />might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or <br />modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender <br />takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is <br />often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe <br />for Mortgage Insurance, and they 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 may <br />include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, <br />to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage <br />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 <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 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. 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 />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall <br />be 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. Any balance shall be paid <br />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 <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. <br />Nebraska Deed ofTrust —Single Family— Fannie Mae/Freddie Mae Uniform Instrument Form 30281/01 <br />MERS Modified <br />The Compliance Source, Inc. Page 8 of 13 Modified by Compliance Source 1430INE 08/00 Rev. 04/08 <br />www.compliancesonme.com 02000, The Compliance Source, Inc. <br />1256083 <br />