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20120564� <br />;� <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 repeir or restoration. <br />Lender or its agent may make reasonable entrles upon and inspectlons of the Property. If it hes reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice et the time of <br />or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan applicetion process, Borrower or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially <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 rapresentations include, but are not limited to, representations <br />concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under thls Security instrument. If (a) Borrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that <br />might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a tien which may attain priority <br />over this Security Instrument or to enfarce laws or regulations), or (c) Borrower hes ebandoned the Property, then <br />Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights <br />under this Security Instrument, including protecting and/or assessing ,the value of the Property, end securing and/or <br />repairing the Property. Lender's actions cen include, but are not Ifmited to: (a) paying any sums secured by a lien which <br />has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its <br />interest in the Property and/or rights under this Security Instrument, including its secured position in e benkruptcy <br />proceeding. Securing the Property inctudes, but is not limited to, entering the Property to make repairs, change locks, <br />replace or board up doors and windows, drain water from pipes, eliminate building or other code violetions 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 obligation to do so. It is agreed that Lender incurs no liability for not taking <br />any or all ections 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 interest at the Note rate from the date of disbursement and shell be <br />payable, with such intarest, 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 />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in <br />writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance es a condition of making the Loan, Borrower shall <br />pay the premiums required to maintein the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurence <br />coverage required by Lender ceases to be available from tha mortgage insurer that previously provided such insurance <br />and Borrower was required to make separately designated peyments towerd the premiums for Mortgage Insurance, <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 alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverege <br />is not available, Borrower shall continue to pey to Lender the amount 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 payments ,as a <br />non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan ls ultimately paid in full, and Lender shall 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 egain becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgege Insurance. If Lender <br />required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately <br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />meintain Mortgage Insurance in. effect, or to. provide a nnn-refundable loss,. reserve, until Lender's_requirement for <br />Mortgage Insurance ends in accordance with any written agreement between Borrower end Lender providing for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation <br />to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or eny entity thet purchases the Note) for certain losses it may 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 insurence in force from time to time, and may entar 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 mortgage insurer and the other party (or pertiesl to these agreements. These <br />agreemants may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may hava available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender. any purcheser of the Note, another insurer, any reinsurer, any other <br />entity, or eny affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be <br />characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the <br />mortgage insurer's risk, or reducing losses. If such egreement provides that an affiliate 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 />fa) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, <br />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 Mortgage Insurence <br />under the Nomeowners 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 Mortgege Insurance, to have the Mortgage Insurance termineted <br />automadcally, and/or to receive a refund of any Mortgage Insurence premiums that were uneamed at the time of such <br />cancellatlon or termination. <br />11. Assignmerrt of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shell be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shail 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 en opportunity <br />to inspect such Property to ensurg the work has been completed to Lender's satisfaction, ptovided that:such inspection , <br />shail be undertaken promptly. Lender may pay for the repeirs and restoratlon in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pey Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasibla or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied 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 shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the <br />NEBRASKA-Single Family-Fennie Mae/Freddie Mac UNIFORM IIVSTRUMENT Form 3028 1/01 <br />Page 4 of 7 <br />