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202303550 <br />8. Borrower's Loan Application. Borrower will be in Default if, during the Loan <br />application process, Borrower or any persons or entities acting at Borrower's direction or with <br />Borrower's knowledge or consent gave materially false, misleading, or inaccurate information <br />or statements to Lender (or failed to provide Lender with material information) in connection <br />with the Loan, including, but not limited to, overstating Borrower's income or assets, <br />understating or failing to provide documentation of Borrower's debt obligations and liabilities, <br />and misrepresenting Borrower's occupancy or intended occupancy of the Property as <br />Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. <br />(a) Protection of Lender's Interest. If: (i) Borrower fails to perform the covenants <br />and agreements contained in this Security Instrument; (ii) there is a legal proceeding or <br />government order that might significantly affect Lender's interest in the Property and/or rights <br />under this Security Instrument (such as a proceeding in bankruptcy, probate, for <br />condemnation or forfeiture, for enforcement of a lien that has priority or may attain priority <br />over this Security Instrument, or to enforce laws or regulations); or (iii) Lender reasonably <br />believes that Borrower has abandoned the Property, then Lender may do and pay for whatever <br />is reasonable or appropriate to protect Lender's interest in the Property and/or rights under <br />this Security Instrument, including protecting and/or assessing the value of the Property, and <br />securing and/or repairing the Property. Lender's actions may include, but are not limited <br />to: (I) paying any sums secured by a lien that has priority or may attain priority over this <br />Security Instrument; (II) appearing in court; and (III) paying: (A) reasonable attorneys' fees and <br />costs; (B) property inspection and valuation fees; and (C) other fees incurred for the purpose <br />of protecting Lender's interest in the Property and/or rights under this Security Instrument, <br />including its secured position in a bankruptcy proceeding. Securing the Property includes, <br />but is not limited to, exterior and interior inspections of the Property, entering the Property <br />to make repairs, changing locks, replacing or boarding up doors and windows, draining water <br />from pipes, eliminating building or other code violations or dangerous conditions, and having <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender is not <br />required to do so and is not under any duty or obligation to do so. Lender will not be liable for <br />not taking any or all actions authorized under this Section 9. <br />(b) Avoiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may <br />work with Borrower to avoid foreclosure and/or mitigate Lender's potential losses, but is not <br />obligated to do so unless required by Applicable Law. Lender may take reasonable actions <br />to evaluate Borrower for available alternatives to foreclosure, including, but not limited to, <br />obtaining credit reports, title reports, title insurance, property valuations, subordination <br />agreements, and third -party approvals. Borrower authorizes and consents to these actions. <br />Any costs associated with such loss mitigation activities may be paid by Lender and recovered <br />from Borrower as described below in Section 9(c), unless prohibited by Applicable Law. <br />(c) Additional Amounts Secured. Any amounts disbursed by Lender under this <br />Section 9 will become additional debt of Borrower secured by this Security Instrument. These <br />amounts may bear interest at the Note rate from the date of disbursement and will be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />(d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will <br />comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />FORM 3028 07/2021 <br />Page 11 of 22 <br />Powered by Docu Prep Inc. 2023 cgS 5846 <br />