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200304143 <br />the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating <br />circumstances exist which me beyond Borrower's control. <br />7. Preseltni n, Maintenance and Prot hint of the Property; Inspections. Borrower shall not destroy, damage or impair the <br />Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower <br />shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is <br />determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if <br />damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the <br />taking of, the property, Borrower shall be responsible for repaving or restoring the Property only if Lender has released proceeds for such <br />purposes. Lender may disburse proceeds for the repairs and restoration in a single paymem or in a series of progress payments ss tie work <br />is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Iloomeor is not relieved of <br />I torrower'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, 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 />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons <br />or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading or inaccurate <br />information or statements to Lender (err failed to provide lender with material information) In connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal <br />msidence. <br />9. Protection of Lender's Interest in the Property and ]tights Under this Security Instrument If (a) Borrower fails to perform <br />the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or <br />(c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest <br />in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Pi'epeuty and securing <br />and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums scoured by a lien which has priority <br />over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or <br />rights wider this Security Instrument, including its secured position in a bankruptcy proceeding. Seeming the Property includes, but is but <br />limited to, entering the Property to make repairs, change lucks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other code violations or dangerous conditions, and have utilities homed on or off. Although Lender may take action under this <br />Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for <br />not taking any or at I actions authorized under this 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 rare from the date of ciiaburscment and shall be payable, with such interest, upon <br />notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all are provisions of the lease. Borrower shall not <br />surrender the leasehold estate end interests herein conveyed or terminate or cancel the ground lease_ Borrower shall not, without the express <br />written consent ofLender, alter or amend the ground lease. if Borrower requires fee title to the Property, the leasehold and the fee title shall <br />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 Lender <br />ceases to he available from the mortgage insurer that previously provided such insurance and Borrower was required to make scow early <br />designated payment, toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the <br />Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, l Inomwer shall continue to pay to tender the anoint of the separately designated payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a ten- refundable loss reserve <br />in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in fill, <br />.it Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve <br />payments ifMori Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. <br />If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in <br />effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written <br />agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in <br />this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <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 nut a party to the Mortgage Insurance. <br />Mortgage Insurers evaluate their total risk on all such insurance in force from rinse to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. 'I'hose agrcurenls we on teens end conditions that are satisfactory to the <br />mortgage insurer and the other party (err parties) to these agreements. These agreements may require the mortgage insurer In snake payments <br />using any source of finds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser of the note, another insurer, any reiminer, my other entity, or affiliate of <br />any of the foregoing, may receive (directly or indirectly) amounts tlmt derive from (or might be characterized as) a portion of Barrower's <br />payments for Mortgage Insurance, in exchange fer.sharing of modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provided that an affiliate of Lender takes a share of the insur 'er's risk in exchange for a share of the preroimns paid to the insurer, the <br />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 will <br />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 (he right to receive certain disclosures, to <br />request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to <br />receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. <br />It.. Assignment of Miseel laneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid <br />to Lender. <br />If tie Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if the restoration <br />or repair is economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the <br />right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, lender may pay for the repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an xgreevaeht is made in writing <br />NEBRASKA - Single family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MERS Form 0028 1_101 <br />Page 4 of ] (l / /��/ \Z <br />105, In¢ - (8 00) 550 -09]S Benowar(5) 111111 2 1 5 <br />