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202405227 <br />Lender (or failed to provide Lender with material information) in connection with the Loan. <br />Material representations include, but are not limited to, representations concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security <br />Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this <br />Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest <br />in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over <br />this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the <br />Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's <br />interest in the Property and rights under this Security Instrument, including protecting and/or <br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over <br />this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect <br />its interest in the Property and/or rights under this Security Instrument, including its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering <br />the Property to make repairs, change locks, replace or board up doors and windows, drain water <br />from pipes, eliminate building or other code violations or dangerous conditions, and have utilities <br />turned on or off. Although Lender may take action under this Section 9, Lender does not have to do <br />so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for <br />not taking 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 <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date <br />of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower <br />requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of <br />the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not <br />merge unless Lender agrees to the merger in writing. <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby <br />assigned to and shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair <br />of the Property, if the restoration or repair is economically feasible and Lender's security is not <br />lessened. During such repair and restoration period, Lender shall have the right to hold such <br />Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the <br />work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken <br />promptly. Lender may pay for the repairs and restoration 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 <br />Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to <br />pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair <br />is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds <br />shall be applied to the sums secured by this Security Instrument, whether or not then due, with the <br />excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order <br />provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous <br />Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, <br />with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value is <br />equal to or greater than the amount of the sums secured by this Security Instrument immediately <br />NEBRASKA - Single Family - FHA Se r rument - MERS <br />FORM 3028 9/14 Initials: ✓' <br />Laser Forms Inc. #FHA3028MERS 6/15 Page 8 of 14 <br />El 1'12E0 <br />1116 <br />I <br />11111 <br />