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200305091 <br />7. Preservation, Maintenance and Protedttgo of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in <br />the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value <br />due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for <br />repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for <br />the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />conden madinn proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation <br />for the completion of such repair or restoration. <br />Leader of 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 prior <br />to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Low Application. Borrower shall be in default if, during the Loan application process, Borrower or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate infommation or statements to fender (or failed to provide Lender with material Information) in <br />connection with the Loan. Material representations include, but are not limited lo, 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 (a) Borrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that might <br />significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as a proceeding in <br />hankmpwy, probate, for coMcnnnation nr forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or w enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and /or assessing the value of the Property, and securing and /or repairing the Property. Lender's actions <br />can include, but are not limited lo: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) <br />appearing in tour; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited lo, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, eliminate budding or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender <br />may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is <br />agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Leader 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, with <br />such interest, upon notice from Lender In 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 tide to the Property, the leasehold and the fee title shall not merge unless fender agrees m the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall <br />pay the premiums required w maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by ]ender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required w obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, al a cost <br />substantially equivalent m the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to he in <br />effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall be non refundable, notwithstanding the fact (bar the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if <br />Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Leader <br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required m <br />maintain Mortgage Insurance is effect, or to provide a and, refundable loss reserve, until Leader's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until <br />connotation is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest a[ the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does 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 tine, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require <br />the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which tray <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any treasurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of imurer's risk in exchange for a <br />share of the 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 Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, <br />and they will nut entitle Borrower to coy refund. <br />(b) Any such agreements will not affect the rights Borrower has - -if coy- -with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 or my other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall <br />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 Lender's security is not lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to unsure the work has been ammpleled to lender's satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for me repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not be required in pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then duo, with the excess, if soy, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied in the 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 <br />to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrowetr. <br />NEBRASKA — Single Family — Fannie Mae /Freddie Mac UNIFORM INSTRUMENT ,,,, .3 1/ 1 <br />Pantrn Fromm", 1m 61. Qeud, MN Form Me 1 Ne 0 /1L2 000 t.V 4 0f 7,,,cr) ��p'll{,1 `llptTll�,(] <br />