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201109006
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12/2/2011 8:48:16 AM
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12/2/2011 8:48:15 AM
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201109006
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2 4110900G <br />continue to pay to Lender the amount of the separately designated payments that were due when the <br />insurance coverage ceased to be in effect. Lender will accept, use and retain these paytnents as a <br />non-rcfundablc loss rescrvc in licu of Mortgagc Insurancc. Such loss rescrvc shall bc non-rcfundablc, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay <br />Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve paytnents <br />if Mortgage Insurance coverage (in the amouni and for the period that Lender reyuires) provided by an <br />insurer selee:led by Lender again bec;umes available, is oblained, and Lender requires separdlely Jesignatecl <br />payments toward the premiums for Mortgage Insurance. If Lender required Morigage Insurance as a <br />condition of making the Loan and Borrower was required to make separately designated paytnents toward the <br />premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage <br />Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurancc cnds in accordancc with any written agrccmcnt bctwccn Borrowcr and Lcndcr providing for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 affects <br />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 nol repay the Loan as agreeci. Borruwer is not a party to the Morlgage Insurdnce_ <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to tiine, and may enter <br />into a�reements with other parties that share or modify their risk, or reduce losses. These a�reements are on <br />terms and conditions that are satisfactory to the morlgage insurer and the other party (or parties) to these <br />agrccmcnts. Thcsc agrccmcnts may rcyuirc thc mortgagc insurcr to makc paymcnts using any sourcc of funds <br />that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />enlily, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounls thal derive from <br />(or might be characterized as) a portion of Bonower's payments for Mortgage Insurance, in exchange for <br />sharin� or �nodifying the mortgage insurer's risk, or reducing losses. If such agreeutent provides that an <br />affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the <br />insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any suc6 agrcements will not affcct thc amounts that Borrowcr has agrecd to pay for Mortgagc <br />Insurancc, or any othcr tcrms of thc Loan. Such agrccments will not incrcasc thc amount <br />Borrower will owe for Mortgage Insurance, and they will not entitle Burrower to any refund. <br />(b) Any auch agreements will not affect the rights &►rrower 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 receive certain disclosures, to request and obtain cancellation of the <br />Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive <br />a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignmentof MiscellaneousProceeds;ForFeiture. All Miscellanc;ous Proceeds are hereby assigned to <br />and shall be paid to Lender. <br />If ihe Properly is damaged, tiuch Miscellaneous Proceeclti shall be applied lo realoralion or repair of lhe <br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened_ During <br />such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until <br />Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 3028 �/01 <br />VMP � VMPB(NE) (1105).00 <br />Wolters Kluwer Financial Services Page 9 of'17 <br />
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