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200405518 <br />insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be <br />responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may <br />disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is <br />completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or <br />prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower <br />or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in <br />connection with the Loan. 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 Instrument. If <br />(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender <br />may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this <br />Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the <br />Property. Lender's actions 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 its interest in the <br />Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the <br />Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and <br />windows, drain water 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 so and is not under any <br />duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, <br />with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower <br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance <br />coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and <br />Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at <br />a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate <br />mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower <br />shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage <br />ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage <br />Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and <br />Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss <br />reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an <br />insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward <br />the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and <br />Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower <br />shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until <br />Nebraska Deed of Trust- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3028 01/01 <br />—THE COMPLIANCE SOURCE, INC.— Page 7 of 13 14301NE 08/00 <br />- compliancesource.com (02000, The Compliance Source, Inc. <br />1111 111 II 1111111111111 1 1111 I 111 I I <br />G P M W D 0 1 0 8 5 7 7 5 0 3 1 1 7 <br />064 <br />It <br />