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2002036 -23 <br />7. Preservation, Maintenance and Protection of the Property; Inspections. orrower 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 Rmpeity, 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 />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 />Lender . or 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 Loan 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 information or statements 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 Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower faits <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 condemnati"., or A miek"— for enforcement of a lion 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 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 to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) <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 not <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 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.- Any amounts disbursed by Lender : 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,payabF6;- Q✓ith-- <br />such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a•lens holct,- $orrower 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 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 1requived - 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 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 non - refundable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserves Lender 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 to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination 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 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 risk on all 'such insurance in force from time to time, and may enter into <br />agreements with other parties that share or- m their . risk, or reduce losses. - These agreements are on _ terms and conditions <br />that are satisfactory to the mortgage insurer and other party- (or parties) to these agreements. These agreements rpay „require <br />the mortgage insurer to make payments usuig; ,4ny, source of Ifunds..that the.mortgage - ,insurer may have .available {wlticl'may , <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these .agreements, Leader, 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 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 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 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 not entitle Borrower to any refund. ' <br />(b) Any such agreements will not affect the rights Borrower has - -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 hlort&m Insurance terminated <br />automatically, and /or to receive a refund of any Mortgage Insurance premiums that ed 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 ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. <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 to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasiblg or Leudgr's security would be lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by. this Securdy- ,Instrument, whether or not then due, with the excess, if any, 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. Borrower........... ... <br />NEBRASKA — Single Family— Fannie Mae /Freddie Mae UNIFORM: INSTRUMENT Form 3028 1101 <br />Bankers Systems, Inc., St. Cloud, MN Form MD -1 -NE 8/17/2000 (page 4 of 7 pages)' <br />n <br />4k <br />�y'' yin I <br />