|
�oiloo2�2
<br />Lender 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 reimburses 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 />canditions 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 rnake payments using any source of funds that the mortgage insurer
<br />may have available (which may include funds obtained from Mortgag� 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 af�liate of any vf the foregoing, may receive (directly or indirectly) amounts that derive from (or might
<br />be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying
<br />the znortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share
<br />of the insurec's risk in exchange fox a st�are of the premiums paid to the insurer, the arrangement is nften 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. Such agreements will not increase the arnount Borrower will owe
<br />for Mortgage Insurance, and they will not entitle Borrower to any refund.
<br />(b) Any such agreements wi11 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 Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums
<br />that were unearned at the time of such cancellation ar termination.
<br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
<br />and shall be paid to Lender.
<br />Tf ihe Property is damaged, such Miscellaneous Proceeds shall be applieci to restoration or repair of the Property,
<br />if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
<br />restoratian period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
<br />opportunity to inspect such Property to ensure the work has been completed to Lender's satisfactian, provided that
<br />such inspection shall be undertaken promptly. Lender may pay for 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 ar Applicable
<br />�aw requices interest to ba paid an such Miscellaneous Proceeds, L.ender shall nat be required to pay Borrower any
<br />interest or earnings on such Miscellaneous Praceeds. 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 �vent of 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 lnstrument, 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 irnrnediately 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 imrnediately before the partial taking, destruction, or loss in value,
<br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrunnent shall be reduced
<br />by the amount of the Miscellaneous Froceeds multiplied by the following fraction: (a) the total amount of the surns
<br />secured immediately before the partial taking, destruction, oar loss in value divided by (b) the fair market value of the
<br />Property immediately before the partial taking, destruction, or lass 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 market value nf
<br />the Property immediately before the partial taking, destruction, or loss in value is less than the arnount of the sunns
<br />secured irr�ediately before the partial taking, destruction, or loss in value, unless Borrawer and Lender otherwise
<br />agree in writing, the Miscellaneous Proceeds sktall be applied to the sums secured by this Security Instrurnent whether
<br />or not the suzzts are then due.
<br />lf the Property is abandoned by Borrower, ar if, after notice by Lender to Borrower that the Opposing Party (as
<br />defined in the next sentence) offers ta rnake an award to settle a claim for darnages, 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 Bocrower Miscellaneous Proceeds or the paRy
<br />against whom Borrow�r has a right of aciion in regard to Miscellaneous P:roceeds.
<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 Lender's interest in the Property
<br />or rights under this Security Instrument. Borrowear can cure such a default and, if acceleration has occurred, reinstate
<br />as provid�d in Section 19, 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 L,ender's interest in the Property or
<br />rights under this Security Instrument. 'I'he proceeds of any award or claim for damages that are attributable to the
<br />impairrnent of L.ender's interest in the Property are hereby assigned and shall b� paid to Lender.
<br />All Miscellaneous Proceeds that ar� not applied to restaration or repair of th� Property shall be applied in the
<br />order provided for in Section 2.
<br />�.2. Borrower Not Released; Forbearance By Lender Not a Waiver. ExCensian of the tirne for payment or
<br />modification of amortizatian of the sums secured by this Security Instrument granted by Lender to Borrower or any
<br />��-
<br />NEBRASKA--Single
<br />Form 3028 1/01
<br />nie MaelFreddie Mac UNIFORM INSTRUMENT DOCMag%C QiTu�, 800-649-1362
<br />Page 6 af 1 1 www.docmagic.com
<br />Ne3028.dot.x�n1
<br />
|