|
2 01009493
<br />As a result of these agreements, J.endex, any purchaser of the Note, another insur�r, any reinsurer,
<br />any other entity, or any affiliate of any of the foregaing, may receive (directly or indirectly) arnounts that
<br />d�rive from (or might be characterized as) a portion of Bonower's payments far 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 exchaz�ge for a share of the
<br />premiums paid ta the insurer, the arrangement is often termed "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 af the Loan. Such agreements will not increase the amount
<br />Borrower will owe 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 />Martgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
<br />may include the right to receive certain disclosares, to request and obtain cancellation of the
<br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receaive a
<br />refund of any Mortgage �nsurance premiums that were unearned at the time of such cancellatio� or
<br />terminatian.
<br />1l. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellan�us Froceeds are �y
<br />assigneci to and shall be paid to Lender.
<br />If the Property is daxnaged, such Miscellaneous Procccds shall be appli�rl to r�storation or re�aair uf
<br />the Property, if the restoration or repair is economically feasible and T.,ender's security is nat iesse�sad.
<br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneaus Prooaeds
<br />until L,ender has had an opportunity to inspect such Property to ensure the work has been completed to
<br />Lender's satisfaction, provided that such insp�ction shall be undertaken pramptly. Lender may pay for the
<br />repairs and restoration in a single disbursernent or in a series of progress payrnents as the work is
<br />cornpleted. Unless an agreement is made in writing ar 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 the restoration or repair is not economically feasible or Lender's security would
<br />be lessened, the Miscellaneous Proceeds shall be applied to the sw�ns secured by this Security Instrument,
<br />whether or not then due, with the excess, if any, paid to Borrower. 5uch MiscEllaneous Proceeds shall be
<br />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
<br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
<br />the excess, if any, paid to Borrower.
<br />In the event af a partial taking, destruction, or loss in va�ue of tlae Property in which the fair market
<br />value of the Property unmediately before the partial taking, destruction, or loss in value is e�ual to or
<br />greater than the arnount of the swns secured by this SecuriCy Instrument immediately before the partial
<br />taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
<br />secured by this Security Instrument sha11 be reduced by the amount of the Miscellaneous Praceeds
<br />multiplied by the following fraction: (a) the total amount of the sums secured imme�iiately b�efare �
<br />partial taking, destruction, or loss in value divided by (b) the fair market value of t1�e Property
<br />immediately before the partial taking, destruction, or loss in value. Any balance shall be �aid to &mnwer.
<br />In the event of a partial taking, destructian, or loss in value of the Property in wluch tile fair mar�
<br />value of the Property irnrnediately before the partial taking, destruction, oar loss in value is less tl�n i�e
<br />amount of the sums secured immediately before the partial taking, destruction, or loss in value, uytless
<br />Borrower ar�d J.ender otherwise agree in writing �ne M�$�rr��us �ro�as �i ��pi��a ro ��
<br />secured by this Security Instnunent whether or not the su�ns are then due.
<br />Jf the Property is abandaned by Bonower, or if, after notice by Lender to Borrower that the
<br />Opposing Party (as de�ned in the next sent�nce) offers to make an award to settle a claim for damages,
<br />Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
<br />to callect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
<br />sums secured by this Security Instrument, whether or not then due. "Opposing Party" rneans the third party
<br />that owes Borrower Miscellane�ous Proceeds or the party against whom Borrower has a right of action in
<br />regazd to Miscellaneous Proceeds.
<br />Borrawer sha11 be in default if any action or proceeding, whether civil or criminal, is begun that, in
<br />Lender's judgment, could result in farfeiture of the Property or other material impairment of Lender's
<br />interest in the Property or rights under this Security Instrument. $onower can cure such a default and, if
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT �, J
<br />�-fi1NE) 108� i 1 paae s or i 5 i�rc�ais: � 1�,/ Form 3028 7/01
<br />�
<br />tH ' , e� �' ;
<br />
|