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<br />200701335 <br /> <br />Loan No: 136593 <br /> <br />Data lD: 470 <br /> <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not <br />destroy, damage or impair the Property, allow the Properly to deteriorate or commit waste on the <br />Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property <br />in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless <br />it is determined pursuant to Section .5 that repair or restoration is not economically feasible, Borrower <br />shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance <br />or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, <br />Borrower shall be responsible for repairing or restoring the Properly only if Lender has released <br />proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single <br />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 <br />of Borrower's obligation 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 <br />reasonable cause, Lender may inspcct the interior of the improvements on the Property. Lender shall <br />give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable <br />ca use. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application <br />process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's <br />knowledge or consent gave materially false, misleading, or inaccurate information or statements to <br />Lender (or failed to provide Lender with material information) in connection with the Loan. Material <br />representations include, but are not limited to, representations concerning Borrower's occupancy of the <br />Properly as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. <br />If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, <br />(b) there is a legal proceeding that might significantly affect Lender's interest in the Properly and/or <br />rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation <br />or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to <br />enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay <br />for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under <br />this Security Instrument, including protecting and/or assessing the value of the Property, and securing <br />and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums <br />secured by a lien which has priority over this Security Instrument; (b) appearing in court; and <br />(e) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property <br />includes, but is not limited to, entering the Property to make repairs, change locks, replace or board <br />up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, <br />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 <br />secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date <br />of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower <br />requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the <br />lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge <br />unless Lender agrees to the merger in writing. <br />10. Mort2age Insurance. If Lender required Mortgage Insurance as a condition of making the <br />Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for <br />any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the <br />mortgage insurer that previously provided such insurance and Borrower was required to make separately <br />designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums <br />required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at <br />a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, <br />from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance <br />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 <br />accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. <br />Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in <br />full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. <br />Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and <br />for the period that Lender requires) provided by an insurer selected by Lender again becomes available, <br />is obtained, and Lender requires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower <br />was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a <br />non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with <br />any written agreement betwcen Borrower and Lender providing for such termination or until <br />termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation <br />to pay interest at the rate provided in the Note. <br /> <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Form 3028 1/01 (Page 6 of 11 Pages) <br />