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200306652 <br />8. Borrower's Loan Application. Borrower shall be in default it, during the Loan application process, Burrower 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 infomunnaL or statemenrs 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 Leader's Interest in the Property and Rights tinder this Security Instrument. If (a) Borrower <br />fails 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 />banknupmy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security <br />Instrument or to 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 proicaung and /or assessing lire value of the Property, and securing and/or repairing the Property. Lender's actions <br />can include, but are nor limited to: (a) paying any Santis secured by a lien which has priority over this Security f rstaumcnt; <br />(b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br />Security luatru ncut, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is nor <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although <br />Leader 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. <br />It is agreed that Lender incurs an liability for not taking any or all 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 <br />Security Instalment. These amounts shall bear interest at the Note rate from the dare of disbursement and shall be payable, <br />with such interest, upon notice front Lender to Borrower requesting payment. <br />If this Security lnsuument is on a Ieaschold, 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 tine rugger 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 to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to 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 <br />to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in <br />effect. Lender will accept, use and retain these payments as a non- refndable loss reserve in lieu Of Mortgage Insurance. Such <br />loss reserve shall be tea- refundable, notwithstanding the fact that the Loan is ultimately paid in fall, and Lender shall not he <br />requirod to pay Borrower any interest or earnings ern such loss reserve. Lender can no longer require loss reserve payments if <br />Mortgage fnsu mice coverage (in the amount and for the period that Leader requires) provided by an insurer selected by <br />Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for <br />Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to <br />make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pay the prendnms <br />required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for <br />Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's Obligation to <br />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 <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage insurance. <br />Mortgage insurers evaluate their total ask on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreenents are on terms and condemns <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may <br />require the omrtgage insurer to make payments using any Source of funds that the mortgage insurer may have available <br />(which may include fluids obtained from Mortgage InSUmuce premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized <br />as) a portion of Borrower's payuncmis for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />NERRASKA,SInglc Fnnii ly —angle Mae/Freddie Mac UNIFORM INSTRUMENT Farm 3028//01 <br />a"mi"ne' <br />trM 191 AE fam,r rl'uge 6 of l l PU,Vee' 7o0L&rnI11 - 800 6399391 n sx 916191 -1t31 <br />