|
�o1oa7E3o
<br />L,ender providing for such termination or until ternunation 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 reirnburses Lender (or any entity that purchases the Note) for c�rtain losses it may incur
<br />if Borrower does nat repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
<br />Mortgage insurers evaluate their total risk on atl such insurance in force from time to tirne, and may enter into
<br />agreements with other partzes that share or modify their risk, or reduce losses. These agreements are on terms and
<br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
<br />agreements rnay require the mortgage insurer to make payments using any source of funds that the mortgage insurer
<br />may have available (which may include funds obtained frorn 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 might
<br />be characterized as) a portion of Borrower's payrnents for Mortgage Insurance, in exchange for sharing or modifying
<br />the mortgage insurer's risk, or reducing losses. If such agreernent provides that an affiliate of Lender takes a share
<br />af the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed
<br />"captive reinsurance." Purther:
<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. Sach agreernents 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 Mortgage
<br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
<br />to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
<br />Mortgage Iusurance terminated automatically, and/ar to receive a refund oF any Mortgage Insurance premiwns
<br />that were unearneci at the time of such cancellation or ternninatipn.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
<br />and shall be paid to Lender.
<br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,
<br />if the restoration or repair is economically feasible and I.ender's security is not lessened. During such repair and
<br />restaration period, L.ender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
<br />apportunity to inspect such Property to ensure the work has been completed to I.ender's satisfaction, provided that
<br />such inspection shall be undertalcen promptly. Lender may pay far the repairs and restoration in a single disbursement
<br />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 Barrower any
<br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
<br />Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
<br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
<br />be applied in the order provided for in Section 2.
<br />In the event of a tatal taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
<br />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 Instnument irnrnediately 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 reduced
<br />by the arnount of 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 rnarket value of the
<br />Praperty 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 rnarket value of
<br />the Property irnrnediately 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 Miscellaneaus Prpcceds shall be appli�d to the sums secured by this Security Instrurnent whether
<br />or not the sums are then due.
<br />If the Property is abandoned by Borrower, or if, after natice by Lender to Borrower that the Opposing Party (as
<br />defined in the next sentence) offers to make an award tp settle a claim for damages, Borrower fails to respond to
<br />Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
<br />Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
<br />or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
<br />against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
<br />Borrower shall be in default if any action ar proceeding, whether civil or crirninal, is begun that, in Lender's
<br />judgment, could result in forfeiture of the Prpperty or other material i�npairment of Lender's interest in the Property
<br />or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
<br />as provided in Section �9, by causing the action or proceeding to be dismissed with a ruling that, in Lender's
<br />judgment, precludes forfeiture af the Property or other material impairment of Lender's interest in the Property or
<br />rights under this Security Instrument. The proceeds of any awazd or clazm for damages that are attributable to the
<br />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 vf the Property shall be applied in the
<br />order provided for in Section 2.
<br />12. Borrawer Not Released; Farbearance By Lender Not a Waiver. Extension of the tirne for paymer�t or
<br />modificatidn af amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
<br />�
<br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM IN57RUMENT bocMaglc � soo-s49-�3s2
<br />Form 3028 1/01 Page 6 of 19 www.docmagic.com
<br />Ne3Q28.dat.xml
<br />
|