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<br />200702306 <br /> <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If 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 /> <br />8. Borrower's Loan Application. Borrower shall be in defautt if, during the Loan application process, Borrower or any <br />persons or entities acting at the direction 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 repr~E!ntation.s include, but are not limited to, representations concerning Borrower's occupanoy of the Property as <br />Borrower's princIpal residence. <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower <br />f~II$. ~o perform the covenl!l:nts and, agreements containS<! in this Securlfy Inst~ument, (b) there is a legal proc~eding that might <br />SignifIcantly affect Lender's Interest In the Property and/or rights under thIS Security Instrument (such as a proceeding in bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce <br />laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or <br />approp~iate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or <br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to: <br />(a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying <br />reas,?na1?le attorneys' fees to pr~tect its interest in the Prop~rty and/or rig,hts un~e~ this Security Instrument, including its secured <br />position In a bankruptcy proceeding. Secunng the Property Includes, but IS not limited to, entenng the Property to make repairs, <br />change locks, r~place or board up. ~oors and windows, drain water from pipes, eliminate buildinQ 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 under this Section 9. <br /> <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 /> <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee <br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br /> <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. If, 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 MortgaQe Insurance previously in effect, at a cost substantially equivalent to the cost to <br />Borrower of the Mortgage 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 loss reserve shall be non~refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or <br />earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance covera~e (in the amount <br />and for the period that Lender requires) provided by an insurer selected by Lender again becomes available. is obtained, and Lender <br />requires separately designated payments toward the premiums for Mortgage 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 Mortgage Insurance in effect. or to provide a <br />non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement <br />between Borrower and 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 /> <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does <br />not repay the Loan as agreed_ Borrower is not a party to the Mortgage Insurance. <br /> <br />Mortgage Insurers evaluate their total risk on all suoh insurance in force from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to <br />the mortgage Insurer and the other party (or parties) to these agreements. These a~reements 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 reinsurer, 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 Mortgage Insurance, In exchange for sharing or modifying the mortgage insurer's 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 /> <br />(a) Any such agreements will not affect 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 /> <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 rei'und of any Mortgage Insurance premiums that were <br />unearned at the time of such cancellation or termination. <br /> <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender, <br /> <br />If the Property is damaged, such Miscellaneous Proceeds shall be 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 Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lencfer may pay for <br />the repairs and restoration in a single disbursement or In a series of progress payments as the work IS completed. Unless an <br />agreement is made in writing or Applicable Law requires interest to be 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 Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the <br />order provided for in Section 2. <br /> <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. <br /> <br />8/~ <br /> <br />NESRASKA-Slngle kmlly-I'JJnnle Meoo'Freddle Me", UNIFORM INSTRUMENT <br />3028 NE DOT 01/01 PG4 <br /> <br />Fo"" S1l28 1101 (pege 4 of 7 _J <br />