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200212218 <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower 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 Property, 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 />the repairs and Luring [the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for <br />Jnt n 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 Loam Application. Borrower shall be in default if, during the Loan application process, Borrower or <br />any persons or emities aging at the direction of Borrower or with Borrowers knowledge or consent gave materially false, <br />misleading, or inaccurate information or statements to Leader (or failed to provide Lender with material information) in <br />connection with the Loam Material representations include, but are not limited m, representation concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property mid Bights Under this Security Instrument. 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 or forleitme 'for enfotccuumn of When which may amain priority over (his Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Leader may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Imu mem, <br />including protecting and /or assessing the value of the Property, and securing and/or repairing the Pro perty. Lender's actions <br />can include., but but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Imtrumem; (b) <br />appwring court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this <br />Security Instrument, including its severed position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited to, entering the Property [o make repairs, cha¢ge locks, replace or board up doors and windows, drain water from <br />pipes, eliminate building or other code violation or dangerous conditions, and have utilities turned on or off. Although Leader <br />may take action under this Section 9, Lender does wt have to do so and is not under any duty or obligation to do so. it is <br />agreed [hat Leader incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under Nis Section 9 shall become additional debt of Borrower secured by this <br />Secmtity Instrument. These amounts shall bear interest at me <br />Now rate from the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender [o Borrower requesting payment. <br />If this Security Ins[rutnent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee time to me Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurmce. If Leader 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 m be available from the mortgage insurer that previously provided such insurance and Borrower was <br />required m make separately designled payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required m obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent m the cost m Borrower of Ne Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is m[ avaiable, Borrower shall continue to <br />pay to Lender the amount of me separately designated payments that were due when the insurance coverage ceased <br />to be in <br />effect Lender will accept, use and retain these payments as anon- cePondable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall he non- mfundable, notwithstanding the fact [ha[ the Loan is ultimately paid in full, and Lender shall no( be <br />required N pay Hottowet a� interest or earnings -on such loss reserve. Lender can no longer require loss reserve payments if <br />Mortgage Insmance coverage (in the amount and for me period [hat Lender requires) provided by an insurer selected by Lender <br />again nceomes available, is obtained, and Leader requires separaely designated payments [award Ne premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making Ne Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Inumnce, Borrower shall pay the premiums required make <br />maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage to <br />Insurance ends in accordance with any written agreement between Borrower and Lender providing for such [errniva[ion or gate <br />provided in h required by Applicable law. Nothing in this Section 10 affects ➢orrower's obligation to pay interest at the rate <br />provided in the thole. <br />Mortgage Insurance reimburses Lender (or any cmity 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 patsies Nat share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />Nat are satisfactory to the mortgage insurer and the other party (or parties) m these agreements. These agreements may require <br />the <br />in sourer [a make payments using any source of tootle that the mortgage insurer may have available (which may <br />include funds obtained from Mortgage Inumnce premiums). <br />As a result of these agreements, Lender, any purchas er of the Note, another insurer, any coinsurer, 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 Borrowers payments far Mortgage Insurance, in exchange for sharing or modifying the mortgage insurers <br />risk, or reducing losses. It such agreement provides that an affiliate of Lender takes a share of insurer's risk in exchange for a much share of th e premiums paid to me insurer, me armttgemem is often termed "captive reinsurance. Further. <br />Yd rather terms otheLoan. SucL agreements twig on t increnae the Borrower a h B rroewertwJl owerfor MortggagIn Insurance, or <br />and they will not entitle Borrower to any refund. ofireff <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 Mortgage Insurance terminated <br />automatically, and /or to receive a refund of my Mortgage Insurance premiums that were unearned 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 Miscelltaneon Proceeds shall be applied m restoration or repair of me Property, S me <br />restormion or repair is economically feasible and Lender's security is m[ lessened. During such repair and restoration period, <br />Lender shall have Ne right m hold such Miscellaneous Proceeds until Lender has had an opportunity N inspect such Property <br />to enure the work has been completed [o Leader's satisfaction, provided that such inspection shall be undertaken promptly. <br />Lender may pay for the repairs and re storation in a single disbursement or in a series of progress payments as the work is <br />completed. Unless as agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous <br />Pro ceeds, Lender shall no[ be required N pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the <br />restoration or repair is or econo a ally feasible or Lender's security word be lessened, the Miscellaneous Proceeds shall be <br />applied to th e sums secured by this Security Intrumfor whether or not then due, with the excess, if any, paid m Borrower. <br />Such Miscellaneoms Pro ceeds shall be applied in the order provided for in Sermon 2. <br />I¢ the event of a total baking, destmc[ion, or loss in balue of the Property, the Miscellaneous Proceeds shall be applied <br />th th sums secured by this Security Inst. of, whether or not then due, with the excess. if anv nail m Borrower <br />NEBRASKA— Single Family— Fannla Mae /Freddie Mac UNIFORM INSTRUMENT <br />--n -o " . . . . . I sL elwE. MN I.—Mc., NE 6/19l]000 t Or 4 I7,,r i <br />.joyn 30 28 1/01 <br />