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2�11�32�� <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, <br />any other entity, or any affiliate of any of the foregoing, may re,�eive (direr.tly or indirectly) amounts that <br />derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in <br />exchange for sharing or modifying the mortgage insurer's risk, or re�iucing losses. If such agreement <br />provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the <br />premiums paid to 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 of the Loan. Such agreements will not increase the amount <br />Borrower will owe for Mortgage Insurance, and the� 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 <br />may include the right to r�eive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance termina�� automatically, andlor to receive a <br />refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Procceds; ForFeiture. All Miscellaneous Proce�s aze hereby <br />assigned to and shall be paid to Lender. <br />If the Properiy is damaged, such Miscellaneous Proceerls shall be applaed to restoration or repair of <br />the Property, if the restoration or repair is economically feasible and Lender's se�urity is not ie.ssened. <br />During such repair and restoration period, Lender shall have the right to hold such Miscellaneaus Proceeds <br />until Lender has had an opportunity to insp�t such Property to ensure the woxk has been co�leted to <br />Lender's satisfaction, provided that such inspection shall be undertaken promptly. I�ender may pay for the <br />repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Procceds, Lender shall not be required to pay Borrower any interest or eamings on such <br />Miscellan�us Procee�s. If the restoration or repair is not economically feasible or Lender's s�urity would <br />be lessened, the MisceIlaneous Proc,ceds shall be applied to the suins secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, desttuction, or loss in value of the Property, the Miscellan�us <br />Proceeds shall be applied to the sums secured by this S�urity Instrument, w3iether or not then due, with <br />the excess, if any, paid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Pro�rty in which the fair market <br />value of the Property iznmediately before the partial taking, destruetion, or loss iu value is eQual to or <br />greater than the amount of the sums s�ured by this Security Instrument immediately before the partial <br />taking, destrucrion, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums <br />secured by this S�urity Instrument shall be reduced by the amount of the Miscellaneous Proceeds <br />multiplied by the following fraction: (a) the total amount of the sums s�ured immediately before rhe <br />partial taking, destruction, or loss in value divided by (b) the fair market value of the Properiy <br />immefliately before the partial talcing, destruction, or loss in value. Aiy balance shall be paid to Borrc9wer. <br />In the event of a partial taking, destructiott, or loss in value of the Propemy in wluch the fair market <br />value of the Property immediately before the partial taking, destruction, or lvss in va2ue is le.ss t1�a t�ae <br />amou,nt of the sums se�iared immediately befvre the partial taking, destruction, or loss in value, �anless <br />Bonrower and Lender atherwise agree in writing, the Miscellaneous Procceds shall be applial to the sums <br />secured by this Se�urily instrument whether c�r not the su.ms are then due. <br />If the Proper�y is abandoned by Boraower, or if, after notice by Lender to Bonower that the <br />Opposing Party (as defined in the next sentence) offers to make an award to settle a claun for damages, <br />Borrower fails to respond to Lender within 30 days after the date the norice is given, I.ender is authorized <br />to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the <br />sums secured by tlus S�urity Instrument, whether or not then due. "Opposing Party" means the third party <br />that owes Borrower MisceIlan�us Proc.eeds or the party against whom Bonower has a right of action in <br />regazd to Miscellaneous Proceeds. <br />Bonower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in <br />Lender's judgment, could result in forfeiture of the Properiy or other material im�pairment of Lender's <br />interest in the Property or rights under this Seeurity Instrument. Borrower can cure such a default and, if <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />�-6(NE) loa�tl Page 9 of 95 inrt�ais: Form 3028 1/01 <br />C� <br />. <br />