Laserfiche WebLink
2010090E4 <br />Lender prpviding for such ternvnation or until termination 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 certain losses it may incur <br />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 into <br />agreements with other parties 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 may require the rnortgage insurer to make payments using any source of funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurance prerniurns). <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 foregaing, may receive (directly or indirectly) amaunts that derive from (or might <br />be characterized as) a portion of Bprrower's payments for Mortgage Insurance, in exchange for sharing or modifying <br />the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share <br />of the insurer's risk in exchange for a share af the premiums paid to the insurer, the arrangement is often termed <br />"captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Barrower has agreed to pay for Mortgage <br />L�surance, or any other terms af the Loan. Such �greements will not increase the amount Borro�ver will owe <br />for Mortgage Insurance, and they will nat entitle Borrower to any refund. <br />(b) Any sach agreements will not affect the rights Borrower has - if any - with respect ta the Mortgage <br />Insurance under the Homeowners Protection Act of 199$ or any other law. These rights rnay include the right <br />to receive certain disclpsures, to request and obtain cancellation of the Mortgage Insurance, to have the <br />Mortgage Insurance terminated autornatically, and/or to receive a refund oP any Mortgage Insurance premiums <br />that were unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneaus Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If the Property is darnaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, <br />if the restoration or repair is economica�ly feasible and Lender's security is nat lessened. During such repair and <br />restoration period, I.ender shall have the right to hold such Miscellaneous Proceeds until L.ender has had an <br />opportunity to inspect such Property to ensuxe the work has been completed to Lender's satisfaction, provided that <br />such inspectian shall be undertaken promptly. Lender may pay for the repairs and restaration in a single disbursement <br />or in a series af prpgress payments as the work is completed. Unless an agreernent is made in writing or Applicable <br />Law requires interest to be paid on such Miscellaneous Proceeds, I.ender shall not be required to pay Bonower any <br />interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not econornically feasible or <br />Lender's security wauld be lessened, the Miscellaneous Proceeds sha11 be applied to the sums secured by this Security <br />Instrument, whether pr not then due, with the excess, if any, paid to Barrawer. Such Miscellaneous Proceeds shall <br />be applied in the order provided for in Se�tion 2. <br />In the event af a total 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 arnount <br />of the sums secured by this Security Tnstrument irnmediaCely before the partial taking, destruction, or loss in value, <br />unless Borrower and l.,ender otherwise agree in writing, the sums secured by this Security Instrurnent shall be reduced <br />by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the tatal amount of the sums <br />secured irnmediately befare the partial taking, destruction, or loss in value divided by (b) the fair market value of the <br />Property immediately before the partial taking, destruction, or loss in value. Any balance sh�ll be paid to Borrower. <br />In the event af 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 surns <br />secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise <br />agree in writing, the Miscellaneaus Proceeds shall be applied to the sums secured by this 5ecurity Instrument whether <br />or not the surns aze then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrawer that the Opposing Party (as <br />defined in the next sentence) offers to make an awazd to 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 Instrurnent, whether <br />or not then due. "Opposing Party" means the third party that owes Borrawer Miscellaneous Proceeds or the party <br />against whom Bonower 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 <br />judgment, could result in forfeiture of the Property or other material impairment of I,ender's intexest 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 19, by causing the action or proceeding to be disrnissed with a ruling that, in L,ender's <br />judgment, precludes forfeiture of the Property ar other rnaterial impairment of Lender's interest in the Property or <br />rights under this Security Instrument. The proceeds af any award or clairn for damages that are attributablc 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 of the Property shall be applied in the <br />order provided for in Section 2. <br />1�. Borrower Not Releaged; F"orbearance By Lettder Nat a Waiver. �xtension of the time for payment ar <br />modification af amortizatlon of the sums secured by this Security Instrument granted by I.ender to Borrower or any <br />�. • (.� - � , ��� <br />N�BRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM IN57RUMEN7 DocMagic �va[1� soo-sas-r3s2 <br />Form 3Q28 1/01 Page 6 of 1 1 www.docmagic.com <br />Ne3028.dot.xrnl <br />