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2 0 0 2 0 9 6 9) LOAN Ir 626484559 <br />board up doors and windows, drain water from pipes, elimmmebuilding or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under <br />any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this <br />Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security <br />Instrument. These amounts shall bear interest mthe Note rate from the date of disbursement and shall be payable, with such interest, <br />upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires <br />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 pay the <br />premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by <br />Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage htsnrance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to <br />Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially <br />equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately <br />designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non - refundable loss reserve in lieu of Mortgage htsnrance. Such loss reserve shall be non - refundable, notwithstanding <br />the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such <br />loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period <br />that Lenderrequires) providedby an insurer selectedby Lender agambe omes available, is obtained, and Lender requires separately <br />designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage htsurance as a condition of making <br />snarl pay meprertuums regmredto maintain Mortgage Insurance ineffect, or toprovide a non - refundable loss reserve, until Lender's <br />requirement for Mortgage Insumme ends in accordance with any written agreement between Borrower and Lender providing for <br />such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay <br />interest at the rate provided in the Note. <br />Mortgage Insurance reimburses [ender (or any entity that purchases the Note) for certain losses it may incur if Borrower does <br />not repay the Loan as agreed. Borrower is not a party to the Mortgage htsnrance. <br />Mortgage Insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to <br />the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make <br />payments using any source offunds that the mortgage insurer may have available (which may include funds obtained from Mortgage <br />Insurance premiums). <br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, any minaurer, any other entity, or affiliate <br />of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of <br />Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. <br />If such agreement provided that an affiliate of Lender takes a share ofthe insurer's ri sk in exchange for a sham ofthe premiums paid <br />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 any <br />other terms ofthe Loan. Such agreements will not increase the amount Borrowerwill owe for Mortgage Insurance, and they <br />will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrowerhas- ifany -with respectto the Mortgage Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, <br />to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, <br />and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or <br />termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid <br />to Lender. <br />If theProperty is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property, if the restoration <br />or repair is economically feasible and Lender's security is not lessened. luring such repair and restoration period, Lender shall have <br />the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has <br />been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made <br />in writing or Applicable law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower <br />any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums Secured by this Security Instrument, whether or not then <br />due, with the excess, ifany, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event ofa total taking, destruction, or loss in value ofthe Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount ofthe sums secured by this <br />Security Instrument immediately before the partial taking, destruction, or loss invalue, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security Instrument shall be reduced by the amount ofthe Miscellaneous Proceeds multiplied <br />by the following fraction: (a) the total amount ofthe sums secured immediately before the partial taking, destruction, or loss in value <br />divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance <br />shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before <br />the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds <br />shall be applied to the sums 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 Opposing Party (as defined in the <br />next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the <br />date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the <br />NEBRASILI— Single Femity-- FmWe Mm/Freddte MU UNIFORM INSTRUMENT Inieialer <br />A <br />Form 3028 Lm Page 5 of 8 NEUI)e <br />