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202406392
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12/16/2024 4:23:48 PM
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12/16/2024 4:23:46 PM
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202406392
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202406392 <br />and windows, draining water from pipes, eliminating building or other code violations or <br />dangerous conditions, and having utilities turned on or off. Although Lender may take action <br />under this Section 6, Lender is not required to do so and is not under any duty or obligation to do <br />so. Lender will not be liable for not taking any or all actions authorized under this Section 6. <br />(b) Additional Amounts Secured. Any amounts disbursed by Lender under this Section 6 <br />will become additional debt of Borrower secured by this Security Instrument. These amounts may <br />bear interest at the Note rate (if any) from the date of disbursement and will be payable, with such <br />interest, upon notice from Lender to Borrower requesting payment. <br />If (i) the Borrower is in default under the Note, (ii) the deed of trust securing the first lien <br />note is an FHA -insured deed of trust, and (iii) the default results solely from a violation of a legal <br />restriction on conveyance as defined by 24 C.F.R. § 203.41 (such as an owner -occupancy <br />requirement), then the Borrower will not be liable for the Note Holder's costs and expenses, <br />including attorneys' fees; the Borrower will, however, be liable to repay the outstanding amount <br />of principal provided to make the Property affordable as low- or moderate -income housing plus a <br />reasonable rate of interest, as applicable. <br />(c) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply <br />with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold <br />and the fee title will not merge unless Lender agrees to the merger in writing. <br />7. Assignment and Application of Miscellaneous Proceeds; Forfeiture. <br />(a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the <br />right to receive all Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to <br />Lender. <br />(b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property <br />is damaged, any Miscellaneous Proceeds will be applied to restoration or repair of the Property, if <br />Lender deems the restoration or repair to be economically feasible and Lender's security will not <br />be lessened by such restoration or repair. During such repair and restoration period, Lender will <br />have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect <br />the Property to ensure the work has been completed to Lender's satisfaction, provided that such <br />inspection must be undertaken promptly. Lender may pay for the repairs and restoration in a single <br />disbursement or in a series of progress payments as the work is completed, depending on the size <br />of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default <br />on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing <br />or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing <br />or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender will not <br />be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender <br />deems the restoration or repair not to be economically feasible or Lender's security would be <br />lessened by such restoration or repair, the Miscellaneous Proceeds will be applied (i) to the sums <br />secured by the first lien security instrument, and (ii) to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />(c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss <br />in Value of the Property. In the event of a total taking, destruction, or loss in value of the <br />Property, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />NEBRASKA --Single Family --Freddie Mac/Fannie Mae Form 3800.28 12/2023 <br />STANDARDIZED SUBORDINATE DOCUMENT Page 6 of 13 <br />
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