Laserfiche WebLink
201108530 <br />Mortgage Insurers evaluate their total risk on a11 such insurance in force from time to time, and may <br />enter into ageements with other parties that share or modify their risk, or reduce losses. These agreernents are on <br />terms and conditions that are satisfactory #o the mortgage inswer and the oth�r party (ar parties) to these <br />a�reements. These agreements may require the mortgage insurer to make payments using any source af funds <br />that the mortgaae insurer may have available (which may inclUde funds obtained from Mor#�e Insurance ° <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insuret, any reinsurer, any ' <br />other entity, or affiliate of any of the fore�oin�, may receive (directly or indirectly) amounts that derive fram {or <br />might be charaeterized as) a portion of Borrower's payments for Mort�a�e insurance, in exchan�e for sharing or <br />modifyin� ttte mort�age insurer's risk, or ceducin� Iosses. If such agreement provided that an affiliate of Lender <br />takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arranrement is <br />aften termed "captive reinsurance:' �urther: <br />(a) Any such agreements will not affeet the amonnts that Borrowcr has agreed to pay for Ntort;age <br />Ins�rance, or any other terms of the Loan. Such agreements witt not increase the amount Borrawer will <br />owe for Mortgage Insuraace, and they witl not enEitle Borrower to any refund. <br />(b) Any such abreements wiil nat affect the r'rghts Borrower has — if any — with respect to the <br />1Vlortgage Insurance under #he Horneowners Protection Act of 199$ or an� other taw. These rights may <br />inclnde the right to receeve certain disciosures, to reqnest and obtain cancellation of the Mortgage <br />Insurance, to have the Mortgage Insurance terminated au#omatically, andlor to receive a refund of an� <br />Martgage Insnrance prerniums that were unearned at the time ofsuch canceIIation or termination. <br />31. Ass'rgnment of Miscellaneous Proceeds; Forfeiture. Ail MiscelIaneous Pr�eds are hereby <br />assigned to and shail be paid to L.ender. <br />If the Prnperty is damaged, such Miscellaneous Proceeds shall be applied ta restoration or repair o�'the <br />Property, ifthe restoration or repair is economically feasible and T..ender's se�urity is not lessened DurinB such : <br />repair and restoration period, Lender shali have tha right to hoid such Miscexlanepus Proceeds until Lender has <br />had an opporiunity to inspect such Praperry to ensare the work has been completed to Lender's satisfaction, . <br />provided that such inspectian shail be undectaken promptly. Lender may pay for the repairs and restoration in a <br />single disbursement or in a series of pro�ress payments as the work is completed. Uniess an agreement is made in <br />wnting or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lendar shall nat be <br />z�equired to pay Borrower any interest or earnin�s on such Miscel(aneaus Proceeds. If the restoratian or repair is <br />nat economically feasible ar Lender's security would be lessened, the Miscellaneous Proceeds shall be appiied to <br />the surns s�ured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or lass in valUe of the Property, the Miscellaneous Proceeds <br />shatl be applied to the sums secured by this Security Instrumee�t, whethar ar not then due, with the excess, if any, <br />paid to Borrower. <br />In the event of a partial takind, destruction, or loss in vaiue afthe Praperty in which the fair market value <br />of the I'roperry immediately before the partia! taking, destructian, or loss in value �s eyual to ar greater than ihe <br />amount ofthe sums secured by this Security Insmament immediately before the partial taking, destruc#ion, or loss : <br />in valae, unless Borrower and r,ender otherwise agree in writing, the sums secured by this Security Inst�wnent <br />shall be reduaed by the amount of the Miscellaneous Proceeds rnultiplied by the following fraction: (a) the total <br />amount ofthe sums secured imrnediately before the partial taking, destruction, or loss in value divided by (b) the <br />fair market value ofthe Property immediately before the partial taking, destruction, or Ioss in vatue. Any balance <br />shall be paid to $onrowex. <br />In the event of a partial tal:ing, destruction, or Ioss in value ofthe Property in which the fair �rket value <br />afthe Froperty immediately before the partial taic.ing, destr�ucrion, ar loss in value is less than the amovnt offihe : <br />sums secured irnmediateIy before the partial t�i:ing, destruction, or loss in value, unless Bormwer and Lender <br />atherwise agree in writing, the Miscelfaneous Proceeds shail be appIied to the sums secured by this Security : <br />Instrument whether or not the sums are then due. <br />If the Property is abandoned by �orrower, or if, after notice by i,ender to Borrower that the Opposing <br />Party {as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 3Q days after the date the notice is given, I,ender is authorized to caliect and applythe <br />Miscellaneous Proceeds eiiher to restoration or repair of the Pmperty or to the sums secwed by #his Security <br />Instxument, rx+hether ar not then due. "Opposing ParYy" means the third party that owes Botmwer Miscellaneous <br />Proceeds or the party against whom Borrower has a ri ;ht of action in regard ta Miscellaneous Proceeds. <br />Borrower shatl be in default if any action ar proceeding, whether civil or criminal, is be�un that, in <br />Lender's judgment, couid resuit in forfeiture of the Property ar other mater�al impaicment ofLender's interest in <br />the Property or rights under this Security Instrurr�ent. Borrower can cure such a default and, if acceleration has <br />ocetured, reinstate as pravided in Sectior� 19, by causing the action or proceeding to be dismissed with a ruling : <br />that, in T ender's judgmettt, preciudes forfeilure of the Property ar other materiat impairment of �.ender's interest <br />in the Property or riahts under this Security Cnstrument. The proceeds of any awazd or claim for damages that are <br />attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. <br />Ali Miscellanaous Proceeds that are not appiied ta restoration or repair af the Properiy shail be applied in <br />the order provided for in Section 2. <br />12. Sorrower Not Released; lForbearance Sy I.ender Not a Waiver. Extension of the time for . <br />payment or modification of amortization of t6e sums secured by this Security Instrument granteci by Lender to <br />Borrower or any Successor in Interest of Borrower shall not operate ta release ttte Iiabilily of Borrower or any : <br />Successors in Interest of Borrower. Lender shall not be required to commence proceedings a;ainst any Successor <br />in Intetest of Barrower or to refuse to extend time for payment or otherwise modify amortization of the surns : <br />secured by this Security Instrument by reason of any demand made by the ori� na1 Borrower or any Successors in <br />Tnterest ofBorrower. Any farbearance by Lender in exercisin� any right or remedy including, without limitation, <br />Lender's acceptance of payments from third persons, entities or Successors in Interest of Barrower or in : <br />amounts tess than the amaunt then due, shall not be a waiver of or preclude the exercise of any right or remedy. <br />13. 3'oint and Several Liability; Co-signers; Successors and Assigns Sonnd. Borrower covenants <br />an@ a;rees that Bonawer's obliDations and liability shall be joint and severaI. However, any Barrower who aa : <br />si�s this Security Insttument b�t does not execute the Note (a "co-sianer"): {a} is acr-sigrting this Security <br />Instrumant onty to mortgage, �rant and convey the co-si;ner's interest in the Praper�y under the tarn� of this <br />5ecurity Instrument; {b) is nat personaliy obligated to pay the sums secured by this Secur�ty Insirument; and (c) <br />a�•rees that I.ender and any other Borrower can agree to extend, modify, forbear or make any accomrnodations � <br />with re�ard to the tezms o�this 5ecurity Instrument or the Note without the casigner's consent. <br />NEBRASKA—Single Fam7y—Fannie MarlFreddie Mac UNi�'�RM INSTRUMENT (MERS) Fvrm 3D281/Ol (page 6 of 9 pagesJ <br />12439.CV {9/] I) 430010250G Crcativc Thinking, 7ae. <br />� . <br />,,. <br />i: � <br />GOTO(0034583� <br />C�l► � <br />