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200705550 7. Preservation, Maintenance and Protection of the Property; Inspections. llorrower shall not destrox, daI?~ge ?r impair the Property, allow the Pruperty to deteriorate or commit waste on the Property: Whether. or I~ot Borruwer I~ res.Idmg III the Property, Borrower shall maintain the. Property in order III prevent thc Pro~erty from d~ten~ralIng or decr~asIllg ~n v.alue due to its condition. Unless it is detenlllned pursuant to SectIOn 5 that repair or restoral1on IS not enlD0l111Cally feaSIble, Borrower shall promptly repair the Property. if. damaged to avoid. furt~er deterioration or damage. If insura.nce ,or condemnation prucccds are paid in conncction wllh damage to, or the takmg of, the Property, Borruwer sha.ll be responsible f.or repairing or restoring t.he I:}roperty only if LendcI~ has re~eased proceeds for such purposes. L~nder may dlsbI~rse proceeds for the repairs and restoration 111 a slllgle payment or m a serres of progress payments as th~ work IS. comple.ted. If the msur~nce. or condemnation proceeds are not sufficient to rcpair or restore the Property, Borrower IS not relIeved 01" Borrower's oblIgation for the completion of such repair or restoration. . ... . . Lender or its agent may make reasonable entnes upon and IllspeclIons of .the Property. If. It has rea.sonabl.e cau~e, Lender may inspect the interior of Ihe improvements on Ihe Property. Lender shall give llorrower notice at the tune of or pnor to such an interior inspection specifying such reasonable eausc.. . . .. . . 8. Borrower's Loan Application. Borrower shall be 1I1 default If, dunng the Loan applicatIOn process, B?rrower or any persons or cntities aCling at the direction of Borrower or with BL~rrower' s kn~)wledgc or c~nsent ga~e I~a~enall~ fals~, misleading, or inaccurate information or statements to I.ender (or tailed .to .provIde Lender W~tlI matenal ~nformal1on) ~ cOlUlection with the Loan. Material representations include, but are not hnuted tn, representallons concermng Borrower s occupancy of the Property as Borrower's principal residence. . . . . . . . 9. Protection of Lcnder's Interest in the Property and Rights IJuder this Secunty Instrument. It (a) Borrower falls to perform the covenants and agreements contained in this S~eurity Instnl1~lent, (b~ there. is a legal proceeding that .mig~ll significantly affect Lender' s intercs~ in the. Pr.operty ~nd/or. nghts Imde~' 1I1~S SecuYlty Instrum~nt (~uc.h as a pro~ee?lIlg .m bankruptcy, probate, for condemnatIOn or fortellure, tor cnforcement of a hen winch may altam pnonty over thiS Securl.ty Instnunent or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay tor whatever is reasonable or appropriate to protect Lender's interest in the~)wperty and ri?l.lls under this Security Illstrum~nt, including protecting and/or assessing the ,,:alue of the Property, and s~cuflng. and/or r~pa.tr111g the ~roperty.. Lender's actlOns can include but are not limited 10: (a) paymg any sums secured by a hen wluch has pnoflty over thIS Secllflty Instrument; (b) appcaring i'n court; and (c) paying reasonable attorneys' fees to protect its interest in .Llle Property and/~)r rights umIc.r this Sccurity Instrument, including its secured position in a bankruptcy proceeding. Secunng the PWJ.lerty 1l1clud~s, but IS. not limited to, entering the Property to make repairs, change locks, replace or board up doors and wmdows, dram water trom pipes, eliminate building or other code violations Or dangerous conditions, and have utilities tllrned on or off. Although Lender may take action Linder this Section 9, Lender docs not have to do su and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any orall actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear iuterest at the Notc rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting paynlt:nt. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the Icaschold and the fee tille shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums reLluired to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insuranee coverage required by Lemler ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated paymcnts toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to Ihe Mortgage Insurance previously in effect, at a cost substantially equivalent to lhe cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effcet. Lender will accept, use and retain these payments as a non-rcfumlable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non.. refundable, notwithstanding the fact that the I,oan is ultimately paid in full, and Lender shall not be reyuired to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in lhc amount amI for the period that I,ender reyuires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the prcmiums for Mortgagc Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in cffcct, or 10 provide a non-refundablc loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreernent between Borrower and Lender providing for sllch termination or until tennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Notc. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower docs not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate Iheir tolal risk on all such insllfance in force from time to time, and may enter into agreements with olher parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insllrance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may reeeivc (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange till' sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a shan;: of insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agrccd to pay for Mortgage Insurance, or any othcr terms of the Loan. Such agreements will not increase thc amount Uorrower will owc for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any sneh agreements will not affect the rights 8orrower has--if any--with respect to the Mortgage Insurance under the Homcowners Protection Ad of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and ohtain cancellation of thc Mortguge Insurance, to havc the Mortgage Insurance terminated automatically, aud/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. n. Assignment of Miscellaneous Procccds; Forfeiturc. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such M iseelJaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is ~conomically feasibl~ and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Mlscellancous Proceeds until Lender has had an opportunity to inspect such Property 10 ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. lJnless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not he required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whetlu:r or not then due, with lhe excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the SUIllS secured by this Security Inslfllment, whether or not then due, with the excess, if any, paid to Borrower. NEBRASKA-Single FllIllily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 lJ.llk.r> 5y>l.rlls, IlIe., 51. Cloud, MN form MD.l-NE 8/1712000 (page 4 oj 7 pages)