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- - 99-sc�ss�� <br /> year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, <br /> or unless extenuating circumstances exist which are beyond Bonower's control. Bonowers shall not destroy, damage or impair <br /> the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture <br /> action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the <br /> Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Bonower may <br /> cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling <br /> that, in Lender's good faith determination, precludes forfeiture of the Bonower's interest in the Property or other material <br /> impairment of the lien created by this Security Instrument or Lender's security interest. Bonower shall also be i� default if <br /> Bonower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed <br /> to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited <br /> to, representations conceming Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on <br /> a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold <br /> and the fee title shall not merge unless Lender agrees to the merger in writing. <br /> 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained <br /> in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a <br /> proceeding in bankruptcy,probate, for condemnation or forfeiture or to enforce laws or regulations),then Lender may do and pay <br /> for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include <br /> paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable <br /> attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender <br /> does not have to do so. <br /> Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Bonower secured by this <br /> Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the <br /> date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Bonower requesting payment. <br /> 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br /> Security Instrument, Bonower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, <br /> the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Bonower shall pay the premiums required <br /> to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the <br /> cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If <br /> substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to <br /> one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to <br /> be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve <br /> payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period <br /> that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Bonower shall pay <br /> the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage <br /> insurance ends in accordance with any written agreement between Bonower and Lender or applicable law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give <br /> Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation, aze hereby assigned and shall <br /> be paid to Lender. <br /> In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument, <br /> whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair <br /> market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this <br /> Security Instrument immediately before the taking, unless Bonower and Lender otherwise agree in writing, the sums secured by <br /> this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount <br /> of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the <br /> taking. Any balance shall be paid to Bonower. In the event of a partial taking of the Property in which the fair market value <br /> of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless <br /> Bonower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the <br /> sums secured by this Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the condemnor offers to make <br /> an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, <br /> Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums <br /> secured by this Security Instrument, whether or not then due. <br /> Unless Lender and Bonower otherwise agree in writing, any application of proceeds to principal shall not extend or <br /> postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11. Borrower Not Released;Forbearance by Lender Not a Waiver. Extension of the time for payment or modification <br /> of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Bonower shall <br /> not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br /> of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br /> in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br /> right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> pazagraph 17. Bonower's covenants and agreements shall be joint and several. Any Bonower who co-signs this Security <br /> Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br /> Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br /> secured by this Security Instrument; and (c) agrees that Lender and any other Bonower may agree to extend, modify, forbear or <br /> make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, <br /> and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan <br /> exceed the pernutted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the <br /> NEBRASKA-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT <br /> C-2605 PAGE 3 OF 5(REV. 5/91) FNMA 3028 9/90 <br />� Replxes MAR-2b05(1Z87) I <br />