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200207651 <br />Lender's good faith determination, precludes forfeiture of the Borrower's interest in the property or other material impairment of <br />the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the <br />loan application process, gave materially false or inaccurate information or statements to the Lender (or failed to provide Lender <br />with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations <br />concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower <br />shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall <br />not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in <br />this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay <br />for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include <br />paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable <br />attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does <br />not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br />Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date <br />of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. <br />8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security <br />Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the <br />mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums equivalent to the <br />cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If <br />substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one <br />twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in <br />effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments <br />may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender <br />requires) provided by an insurer approved Lender again becomes available and is obtained. Borrower shall pay the premiums <br />required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in <br />accordance with any written agreement between Borrower and Lender or applicable law. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give <br />Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall <br />be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market <br />value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security <br />Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this <br />Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the <br />sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. <br />Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the <br />Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower <br />and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an <br />award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is <br />authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by <br />this Security Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification <br />of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in <br />interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right <br />or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (bb) is not personally obligated to pay the sums <br />secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, <br />and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan <br />exceed the permitted limits; then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the <br />permitted limit; and (bb) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. <br />If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or <br />any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's <br />address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security <br />Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />02030720 <br />NEBRASKA - Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Fornt 3028 9190 (page 3 of 5 pages) <br />