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99 11�'� 18�3 �°� . ;�-� - . <br /> , <br /> Unless Lender and Borrower otherwise agree in writing, all awards, payments or judgments, including interest <br /> thereon, for any injury to or decrease in the value of the Property received by Borrower will be used to restore the Property or <br /> applied to the payment of sums secured by this Security Instrument, whether or not then due, with any excess paid to <br /> Borrower. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly payments referred to in Paragraphs 1 and 2 or change the amounts of the payments. <br /> Bonower agrees that in the event an award, payment or judgment includes compensation for both injury or decrease in the <br /> value of the Property and compensation for any other injury or loss, the total amount of such award, payment or judgment <br /> shall be deemed compensation with respect to the Property and Borrower hereby consents to Lender's intervention into any <br /> proceedings regarding the Property. <br /> 7. Loan Application Process. Borrower shall be in default under this Security Instrument, if Borrower, during the loan <br /> application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with <br /> any material information directly bearing on Lender's decision to extend credit to Borrower), in connection with the loan <br /> evidenced by the Note. <br /> 8. 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 <br /> a proceeding in bankruptcy, probate, for condemnation, forfeiture or to enforce laws or regulations), then Lender may do and <br /> pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may <br /> include paying any sums secured by a lien which has priority over this Security Instrument, appeazing in court, paying <br /> reasonable attorneys' fees and entering on the Property to make repairs or abate nuisances. Although Lender may take action <br /> under this Paragraph 8, Lender does not have to do so. The right of Lender to protect Lender's rights in the Property shall <br /> include the right to obtain at Bonower's expense, property inspections, credit reports, appraisals, opinions of value or other <br /> expert opinions or reports unless prohibited by law. <br /> Any amounts disbursed by Lender under this Paragraph 8 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 demand of Lender. <br /> 9. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this <br /> Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the <br /> requirement for the insurance terminates in accordance with Bonower's and Lender's written agreement or applicable law. <br /> 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided <br /> that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor as related to Lender's <br /> interest in the Property. <br /> 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br /> condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned <br /> and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which <br /> has priority over this Security Instrument. <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br /> Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in <br /> which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums <br /> secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the <br /> sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: <br /> (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property <br /> immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in <br /> which the fair mazket value of the Property immediately before the taking is less than the amount of the sums secured <br /> immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise <br /> provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower, or if, after notice by Lender to Bonower that the condemnor offers to <br /> make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br /> given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br /> the sums secured by this Security Instrument, whether or not then due. <br /> Unless Lender and Borrower 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 /> 12. Borrower Not Released; Forbearance By Lender Not a Waiver; Acceptance of Partial Payment. Extension of the <br /> time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to <br /> Borrower or any successor in interest of Bonower shall not operate to release, in any manner, the liability of the original, <br /> NEBRASKA DEED OF TRUST is�oi�Original Record �y�/��� <br /> M003-4NE Page 4 of 7 0089034599 �� <br />