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201109060
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12/5/2011 9:20:40 AM
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12/5/2011 9:20:40 AM
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201109060
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201109060 <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 eff�t. Lender will accept, use and retain these payments as a <br />non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, <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 payments <br />if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an <br />insurer sel�ted by Lender again becomes available, is obtained, and Lender requires separately designate� <br />payments towazd the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a <br />condition of making the L,oan and Bonower was required to make sepazately designated payments toward the <br />premiums for Mortgage Insurance, Bonower shall pay the premiums require� to maintain Mortgage <br />Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agr�ment between Bonower and Lender providing for such <br />ternunation or until termination is required by Applicable Law. Nothing in this Section 10 affe�ts <br />�nower'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. Bonower 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 <br />into agreements with other parties that share or modify their risk, or reduce losses. These agr�ments are on <br />terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these <br />agre,ements. These agreements may require the mortgage insurer to make payments using any source 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 agree�nents, L.ender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entiry, or any aff'iliate of any of the foregoing, may re,ceive (directly or indirectly) amounts that derive &om <br />(or might be characterizefl as) a portion of Borrower's payments for Mortgage Insurance, in exchange for <br />sharing or modifying the mortgage insurer's risk, or reducing losses. If such agr�ment provides that an <br />affiliate of Lender takes a share of the insurer's risk in exchange for a shaze of the premiums paid to the <br />insurer, the arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agr�ments will not affect the amounts that Borrower has agrced to pay for Mortgage <br />Insurance, or any other terms of 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 />Mortgage Insurance under the Homeowners Prot�tion 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 terminated automatically, and/or to receive <br />a refund of any Mortgage Insurance pr�iums that were unearned at the iame of such <br />cancellation or termination. <br />19 . Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneaus Proceeds aze hereby assigne�i to <br />and shall be paid to Lender. <br />If the Property is damaged, such Miscellan�us Procceds shall be applied to restoration or repair of the <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 Properly to ensure the work has b�n completed to Lender's <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM �NSTRUMENT Form 3028 1/Ot <br />VMP p VMPBINE) (1105) <br />Wolters Kluwer Financial Servicas Page 9 of 17 <br />g � . , '� ` <br />
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