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200203457 <br />7. Preservation, Maintenance acrd Protection of the Property; Inspections. Borrower shall not destroy, damage or <br />unpair the Property, allow the Property to deteriorate of corrnuit waste on the Property. Whether or nob Borrower is residing in <br />the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing iu value <br />due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is out economically feasible, <br />Borrower shall pronipdy repair the Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage w, or the taking of, the Property, Borrower shall be responsihlc for <br />repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lender may disburse proceeds far <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 />condemnation 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 reasonahle envies upon and inspections of the Property. if it has reasonable cause, <br />Leader 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 Luau Application. Borrower shall he 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 information or statements to Leader (or failed to provide Lender with niatefuil 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 Lender's Interest In the Properly and Rights Under this Security histrument. 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 />bankruptcy, probate, for condemnation of forfeiture, for enf'oroemem of a lien which nay 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 Properly and rights under this Security Instrument, <br />including protecting and /or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security fnstrurrI (h) <br />appearing in court; 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 act <br />limited m, entering the Property to make repairs, change lacks, replace or board up doors and windows, drain water from <br />pipes, chairman, building or other code violations or dangerous conditions, and have utilities turned on or off. Although Leader <br />may take action under this Section 9, Lender does not have in do so and is not under any duty of obligation to do so. It is <br />agreed that Lender incurs an 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 Nun: rate front the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shalt comply with all the pmvisioms of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge urdess Lender agrees to the merger in writingg <br />10- Mortgage hereafter. If Leader required Mortgage Insurance as u condition of making the Loan, Borrower shalt <br />pay the premiums required to maimain 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 was <br />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 to <br />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 nun- refundable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall be no,refandable, notwithstanding the fact that the Loan is ultimately paid in full, and Leader shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Leader can nu 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 Lender <br />again becomes available, is obtained, aad 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 lmsurance, Borrower shall pay the premiums required in <br />maintain Mortgage hereance in effect, or to provide a con - refundable lass reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such mmdnsetion or until <br />termination is required by Applicable Law- Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for reason losses It may incur if <br />Borrower does not repay the Loan as agreed, Borrower is not a party nl the Mortgage Insurance. <br />Mortgage insurers evaluate their total risk 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 agreements are on terms and conditions <br />that are satisfactory to du 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 may <br />include funds obtained from Mortgage Insurance premium). <br />As a result of these agreements, Leader, any purchaser of the Note, another insurer, any coinsurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amount that derive from (or might be 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 Leader takes a share of insurer'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 suelr agreements will not affect We commands that Borrower has agreed to pay for Mortgage Lrsurance, or <br />any other terms of the Loan. Such agreements will not increase the arimml Borrower will owe for Mortgage Insurance, <br />and they win not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower Ims - -if any —with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 or any 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 lusurance, terminated <br />automatically, and /or to receive a refund of any Mortgage Insurance premiums flat were unearned at the time of such <br />cancellation or rermmation. <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 of repair of the Property, if the <br />restoration or repair is economically feasihlc and Lender's security is not Iesseaed. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lemdef has had an opportunity to inspect such Property <br />to ensure the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken pmmrptly. <br />Lender may pay for the 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 m 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 signs secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall he applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Properly, the Miscellaneous Proceeds shall he applied <br />to [Ile sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />NEBRASKA — Single Family — Fannie Mae /Freddie Mac UNIFORM INSTRUMENT F °'m 30,;8 1101 <br />Ren4nm5yzmms,Inc..St CIwJ. MN rum Mn- LNF.11] /0000 tp ge6 ^i94 Betf <br />