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.._. e ;I <,�; „ � ���0lS���� I <br />u . <br />the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, <br />Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of <br />or prior to such an intarior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shell be in default if, during the Loan application process, Borrower or <br />eny persons or antities acting at tha direction of Borrower or with Borrower's knowledge or consent gave meterielly <br />false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, representations <br />concerning Borrower's occupancy of the Property as Borrower's principel residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If la) Borrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding thet <br />might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such es a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Properry, then <br />Lender may do and pey for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights <br />under this Security Instrument, including protecting end/or assessing the value of tha Property, and securing and/or <br />rep�iring the Properry. Lender's actions can include, but are not limited to: (a) peying any sums secUred by e lien which <br />has priority over this Security Instrument; (b) appearing in court; end (c) peying reasonable attorneys' fees to protect its <br />interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy <br />proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, chenge locks, <br />replace or board up doors and windows, drein water from pipes, eliminate building or other code violations or dangerous <br />conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not <br />have to do so and is not under any duty or obligatiorl to do so. It is egreed that Lender incurs no liability for not taking <br />any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear intarest at the Note rate from the date of disbursement and shall be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />ecquires fee title to the Property, tha leasehold end the fee titie shall not merge unless Lender agrees to the merger in <br />writing. � <br />10. Mortgage Insurance. If Lender required Mortgege Insurance as a condition of ineking the Loan, Borrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for eny reason, the Mortgage Insurance <br />coverege required by Lender ceases to be available from the mortgage insurer that previously provided such insurence <br />and Borrawer was required to make separately designated payments toward the premiums for Mortgage Insurence, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurence <br />previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in <br />effect, from an alternete mortgage insurer selected by Lender. It substentially equivalent Mortgage Insurance coverage <br />is not available, Borrower shall continue to pay to Lender the emount of the separately designated payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these peyments as e <br />non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan is ultimately paid in full, and Lender shell not be required to pay Borrower any interest or earnings <br />on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the <br />amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated peyments toward the premiums for Mortgage Insurance. If Lender <br />required Mortgage Insurence as a condition of ineking the Loan end Borrower was required to meke separately <br />designated payments toward the premiums for Mortgege Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve,-uRt�l Lendbr's requirement for <br />Mortgage Insurence ends in accordance with any written agreement between Borrower and Lender providing for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 effects Borrower's obligation <br />to pay intarest at the rete provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it mey incur if <br />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 />conditions that are satisfactory to the mortgege insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make peyments using any source of funds that the mortgege insurer <br />may have available (which may include funds obteined from Mortgage Insurence premiums). <br />As e result of these egreements, Lander, any purchasar of the Note, another insurer, any reinsurer, any other <br />entity, or eny affiliate of eny of the foregoing, may receive (directly or indirectly) emounts that derive from (or might be <br />charecterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the <br />mortgege insurer's risk, or reducing losses. If such agreement provides that an affiliete of Lender tekes a share of the <br />insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive <br />reinsurance." Further: <br />(a) Any such agreements will not effect the amounts that Borrower has agreed to pey for Mortgage Insurence, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgege Insurance, <br />end they will not entitle Borrower to any refund. <br />(b) Any such egreements will not affect the rights Borrower hes - if any - with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurence terminated <br />automatically, and/ar to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />71. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby essigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity <br />to inspect such Property,to ensure the work has been�co(npleYed tb"Lender's satisf�ction, proVided thet such inspection <br />shall be undertaken promptly. Lender mey pay for the repairs end restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is mede in writing or Appliceble Law requires <br />interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security <br />would be lassened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrumant, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shell be epplied in <br />the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shell be <br />applied to the sums secured by this Sacurity Instrument, whether or not then due, with the excess, if any, paid ta <br />Borrower. <br />In the event of e partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 7 w „ <br />�� ��� <br />