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200300647 <br />LOAN #T 2232578 <br />board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under <br />any 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 Security <br />Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, <br />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 tease. If Borrower acquires <br />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 shall pay the <br />premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by <br />Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to <br />Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially <br />equivalent Mortgage Insurance coverage is riot available, Borrower shall continue to pay to Lender the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non - refundable loss resene in lieu ofMortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding <br />the fact (hat (lie Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such <br />loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period <br />that Lender requires) prmided by an insurer selectedby Lender agambeeomes available, is obtained, and Lender requires separately <br />designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofmaking <br />the Loanand Borrowerwzs raluired to Tarlac separmelydesignaledpayments lowardthe premiums for Mortgagelnsurance, Borrower <br />shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for <br />such termination or until leminalion is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay <br />interest at the rate provided m the Note. <br />Mortgage Insurance reimburses Leader (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 make <br />payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any retnsurer, any other entity, or affiliate <br />of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of <br />Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses . <br />If such agreement provided that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid <br />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 Insurance, or any <br />other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they <br />will not entitle Borrower to any refund. <br />(h) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, <br />to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, <br />and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid <br />m Lender <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, iflherestoration <br />or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have <br />the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure [tic work has <br />been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made <br />in w rating orApplicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower <br />any interest or earnings on such NIT scetlaneous Proceeds. If the restoration or repair is not economical ly feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Securi ty Instrument, whether or not then <br />due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided far in Section 2. <br />In the event of total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the series <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Properly <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than tire annonnl of the scans secured by this <br />Security Instrument immediately before the partial taking, deslmetion, or loss in value, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security instmrne t shall be reduced by the amount of the Miscellaneous Proceeds multiplied <br />by the following fraction: (a) the total amount of (lie suffix secured immediately before the partial taking, destruction, or loss in value <br />divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance <br />shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking destruction, or loss in value is less than the amount of the sums secured immediately before <br />the partial Taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds <br />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 Borrower that the Opposing Party (as defined in the <br />next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the <br />date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the <br />NEBRASKA- — single F amity— FamaeMae /Freaale Mac UNIFORM IVS'r'RUM66'f Initials, <br />Form 3s29 Trot Page 5 of 8 NEUOEEm <br />