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<br />200700404 <br /> <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or <br />consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to <br />provide Lender with material information) in connection with the Loan. Material representations include, but <br />are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal <br />residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a <br />legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this <br />Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), <br />or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or <br />appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including <br />protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's <br />actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this <br />Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in <br />the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy <br />proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change <br />locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code <br />violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under <br />this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that <br />Lender incurs no liability for not taking any or all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured <br />by this Security Instrument. These 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 <br />Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees <br />to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />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 ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments toward <br />the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the <br />cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by <br />Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Lender the amount of the separately designated payments that were due when the insurance coverage <br />ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in <br />lieu of Mortgage Insurance. Such loss reserve shall be non~refundable, notwithstanding the fact that the Loan is <br />ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss <br />reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount <br />and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If <br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums <br />required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may <br />incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br /> <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 (page 7 of 13 pages) <br />