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<br />200609120 <br /> <br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a <br />claim, then Lender may negotiate and settle the claim. TIle 30-day period will begin when the notice is given. In either event, <br />or if Lender acquires the Property under Section 21 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to <br />any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and <br />(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all <br />insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use <br />the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. 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 pllrsuant 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 condemnation <br />proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs <br />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, Lender <br />may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such <br />an interior inspection specifying such rea~onable cause. <br />7. 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 knowledgc or consent gave materially falsc, <br />misleading, or inaccllrate information or statcments to Lender (or failed to provide Lender with material information) in <br />connection with the Loan. Material represcntations include, but are not limited to, representations concerning Borrower's <br />occupancy of the Property as Borrowcr's principal residence. <br />8. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails <br />to perform the covenants and agreement.. contained in this Security Instrument, (b) there is a legal proceeding that might <br />significantly affect Lender's interest in the Property ancl/or rights under this Security Instnnuent (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which has or may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrowcr 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 Instnnuent, <br />including protecting aneVor assessing the value of the Property, and securing ancl/or repairing the Property. Lender's actions can <br />include, but are not limited to: (a) paying any sums secured by a lien which has or may attain priority over this Security <br />Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in thc Property ancl/or rights <br />under this Security Instrument, including it.. secured position in a bankmptcy proceeding. Securing the Property includes, but is <br />not 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 8, Lender docs not have to do so and is not under any duty or obligation to do so. It is agreed <br />that Lender incurs no liability for not taking any or all actions authorized under this Section 8. <br />Any amounts disbursed by Lender under this Section 8 shall become additional debt of Borrower secured by this Security <br />Instrument if allowed under Applicable Law. TIlese amounts shall bear interest at the Note rate from the date of disbursement <br />and shall be payable, with such interest, 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 <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 />9. Mortgage Insurance. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain <br />losscs it may incur if Borrower does not repay the Loan as agreed. Borrowcr is not a party to the Mortgage Insurance. <br />If Lender required Mortgage Insurance as a condition of making ilie Loan, Borrower shall pay the premiums required to <br />maintain the Mortgage Insurance in effect. <br />10. Assignment of Miscellaneous Proceeds; Forfeiture. The Misccllaneous Proceeds of any award or claim for <br />damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for <br />conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender, subject to the ternlS of any mortgage, <br />deed of trust or other security agreement witll a lien which has priority over this Security Instrument. <br /> <br />NEBRASKA DEED OF TRUST~Sillgle Family-Secondary Lien <br />THE COMPLIANCE SOURCE. INC, <ll> <br />ITEM 8627L6 (0304)-MERS MFNE3118 (Page 6 of 11 pages) <br /> <br />400J031804 GREATLAND. <br />To tJr erCall: 1-800.530.9393 0 Fax: 616-791-1131 <br /> <br />