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200311013 <br />Lender or its agent may make reasonable entries upon and inspections of the Property. It it has reasonable cause, Lender may <br />inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior <br />inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default d, during the Loan application process, Borrower or any <br />Persons or entities acting at the dinaction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or <br />Inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. <br />Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />Borrower's principal residence. <br />9. Protection of Lender's Interest in the <br />I perform the covenants and agreements will <br />de, for condemnation or forfeiture, for enforcement of <br />or regulations), or (c) Borrower has abandoned the <br />Under <br />Borrower <br />iii- Security Instrument, (b) there is a legal proceedm9 met might <br />under this Security Instrument (such as a proceeding in bankruptcy, <br />which may attain priority over this Security Instrument or to an orce <br />lertv. then Lender may do and pay for whatever is reasonable or <br />appropriate to protect Lenders ,merest ,a me — "• • _ � _....._ _ <br />assessing the value of the Pro perty, and securing and/or repairing the Property. Lenders actions can include, but are no Imi a o: <br />;a) paying any sums secure by a lien which has priority, over this Security Instrument; (b) appearing in court; and (c) paying <br />reasonable attorneys' fees to protect its Interest in the Property and/or rights under this Security Instrument, including i((a secured <br />position in a bankruptcy proceeding. Securing the Propertyy Includes, but is not limited lo, entering the Property to make repairs. <br />Bhange locks, replace or board up doors and windows, tlmin water from pipes, eliminate building or other code violations or <br />dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not <br />have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all <br />actions authorized underthis 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 at the Note rate from the date of disbursement and shall be payable, with such interest, <br />upon notice from Lender to Borrower requesting payment. <br />title t IIhe this P Property, the leasehold and the fee tittle Borrower <br />all not merge unless Lende all r agrreers to the mergerlInawritingBorroWeracquires fee <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay <br />the premiums required to maintain the Mortgage Insurance in effect. It, 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 Insurance, Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantiallyy equivalent to the cost to <br />Borrower of the Mongage 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 Insurance. Such 1066 reserve shall be non - refundable, <br />notwithstanding the tact that the Loan is ultimately paid in Lull, and Lender shall not ba required to pay Borrower any interest or <br />earnings en such loss reserve. Lender can no longer require loss reserve payments if Mongage Insurance coverage (in the amount <br />and for the period that Lender requires) provided n r Insurer selected by Lender again becomes available, is obtained, and Lander <br />requires separately designated payments toward the premiums for Mongage Insurance. If Lender required Mortgage Insurance as a <br />condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for <br />Mortgage Insurance, Borrower shall pay the premiums required to maintain Mongage Insurance in effect, or to provide a <br />non - refundable loss reserve, until the Lender's requirement for Mongage Insurance ends In aecordanclicahla t.awWrlNothio fen hisl <br />between Borrower and Lender providing for such tannlnallon or until termination is required by App 9 <br />Section 10 affects Borrowers obligation to pay interest at lha rate pro vided in the Note. <br />Mangago Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur it Borrower does <br />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 agreements with <br />other parties that share or mod'dy their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to <br />the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to <br />make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from <br />Mortgage Insurance premiums), <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any nansurer, any other entity, or any <br />affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as ) a portion <br />of Borrower's payments for Mongage Insurance, In exchange for sharing or modifying the mortgage insurers risk, or reducing <br />losses. If such agreement provides that an affiliate of Lender takes a share of the Insurer's risk in exchange for a share of the <br />premiums paid to the insurer, the arrangement Is often termed "captive reinsurance." Further'. <br />(a) Any such agreements will not effect the amounts that Borrower has agreed to pay for Mortgage <br />Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for <br />Mortgage Insurance, 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 <br />Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to <br />receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage <br />Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall bo 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, Lender <br />shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Inspect such Property to ensure the <br />work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for <br />the repairs and restoration in a single disbursement or in a series of pro gress payments as the work Is completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to ba paid on such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the Miscellanaiduto Borrower. Such Miscellaneous sous Proceeds she <br />order applied en the <br />Instrument, whether or not then due, with the excess, if any, p <br />order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous d Proc girds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid <br />V/ �(jr�1lltet <br />Form =8 wllp.peadl wueq (�/ \ <br />NEBRASKA- slnple Family- Fenniv McYFrMEie Mee UNIFOPM INSTPUMENT <br />