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200404179 <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may <br />inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior <br />inspection specifying such reasonable cause. <br />S. Borrower's Loan Applicatlon. Borrower shall be in default H, during the Loan application process, Borrower or any <br />persons or entitles acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or <br />Inaccurate information or statements to Lender (or failed to provide Lender with material information) In connection with the Loan. <br />Material representations include, but are not limited to, representations concern ing Borrowers occupancy of the Property as <br />Borrowers principal residence. <br />9. Protection of Lender's Interest In the Properly and Rights Under this Security Instrument. h (a) Borrower <br />fails to perform the covenants and aggreements contained in tfiis Security Instrument, (b) there is a legal proceeding that might <br />significantly affect Lenders interest in the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy, <br />robate, for condemnation or forfeiture, for enforcement of a Iles which may ahaln priority over this Security Instrument or to enforce <br />Paws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or <br />appropriate to protect Lenders 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 repmnng the Property. Lenders actions can Include, but are not limited to: <br />(a) paying anyy sums secured by a Ilan which has priority over this Security Instrumenq (b) appearing in crourt; and ((c) paying <br />reasonable attorneys' fees to protect ns Interest in the Property and/or rights under this Security Instrument, including Ns secured <br />position in a bankruptcy proceedmg. Securing the Property Includes, but is not Ilmtled to, entering the Property to make repairs, , <br />change locks, replace or board up doors antl windows, drain water tram pipes, eliminate building or other code violations <br />dangerous conditions, and have utilnles turned on or off. Althouggh Lender may take action untler this Section 9, Lender does noor <br />t <br />have to do so and is not under any duty or obligation to do so. It is agreed that lender incurs no liability far not taking any or all <br />actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become addltional debt of Borrower secured by this Security <br />Instrumont. These amounts shall bear interest at the Note rate from the tlate of disbursement and shell 6e payable, with such interest, <br />upon nonce from Lender to Borrower requesting payment. <br />Iiacquires fee <br />this Security Instrument is on a leasehold, Borrower shall comply wlth all the provisions of the lease. II Borrower <br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />1o. Mortgage Insurance. If Lender n <br />the premiums required to maintain the Mortgage <br />Lender ceases to be available from the mortgage <br />separately designated payments toward the prat <br />coverage substantially equivalent to the MonggE <br />Borrower of the Mortgage Insurance prevlousl <br />equivalent Mortgage Insurance coverage Is not <br />designated payments that were due when the it <br />payments as a non - refundable loss reserve <br />notwithstanding the fact that the Loan is uhima <br />earnings on such loss reserve. Lender can no 1< <br />)dl by an <br />not the pi <br />was ref <br />in effect, <br />available, <br />Borrower shall pay <br />la a insurance as a condition of Making the Loan, Borrower shall pay <br />effect. Ii, for any reason, the Mortgage Insurance coverage required by <br />>reviously provided such insurance and Borrower was required to make <br />,rtgage Insurance, Borrower shall pay the premiums required to obtain <br />s previously In effect, at a cost substar iallyyy equivalent to the cost to <br />in an aftemate mortgage insurer selected by Lender. It substantially <br />>rnewer shall continue to pay to Lender the amount of the separately <br />arage ceased to be in affect. Lender will accept, use and retain these <br />Menge a Insurance. Such loss reserve shall be non - refundable, <br />Lill, and Lender shall not be required to pay Borrower any interest or <br />loss reserve payments lt Mortgage Insurance coverage (in the amount <br />r selected by Lender again becomes available is obtained, and Lender <br />Is for Mortgage Insurance. If Lender required Mortgage Insurance as a <br />to make separately designated payments toward the premiums for <br />squired to maintain Mortgage Insurance In effect, or to provide a <br />ion - refundable loss reserve, until Ins Lancers requlramn,,, for Mortgage Insurance ends In accordance with any written agreement <br />)etween Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay Interest at the rate provided in the NOW <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does <br />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 insurance in force from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to <br />the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to <br />make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from <br />Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that derive from (or might be characterized as ) a portion <br />of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurers risk, or reducing <br />losses. If such agreement provides that an affiliate of Lender takes a share of the Insurers risk in exchange for a share of the <br />premiums paid to the Insurer, the arrangement Is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for <br />Mortgage Insurance, 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 <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the <br />restoration or repair Is economically feasible and Lenders security is not lessened. During such repair and restoration period, Lender <br />shall have the right to hold such 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 promptly. Lender may pay for <br />the repairs and restoration In a single disbursement or in a series of progress payments as the work Is completed, Unless an <br />agreement is made in writing or Applicable Law requires interest to be pal such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds It the restoration or repair is not economically <br />feasible or Landers security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the <br />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 applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid 1toMBorrower. <br />NEBRASKA -Slyle FaMly- Fennle Mc rF v Mac UNIPORM I149iaUMENT Fmm M28llAiv Wed]p.0..1 <br />