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200707073 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destro~, daf!1~ge (.>r impair the Property, allow the Property to deteriorate or commit waste on the Property: Whether. or ~ot Borrower I~ res.ldmg 111 the Property, Borrower shall maintain the Property in order 10 prevent lhe Prol?erty trom d~tcrll~ratlllg or decr~aslllg In v.alue llue 10 its condition. Unless it is determincd pursuant to SectIOn 5 that rcpalr or restoration IS not economlc~lIy feasible, Borrower shall promptly repair the Property if damagell to avoid furt~er deterioration or damage. If lllsura!1ce .or condemnation proceeds are paid in connection with damage to, or Ihe taking of, the Property, Borrower sha.1I be responsible tor repairing or restoring the Property only if Lender has released proceeds for such purposes. L~nder may dlsb~rse I?roceeds for the repairs anll restoration in a single payment or in a series of progress payments as th~ work IS. comple.ted. It lhe Insur~nee. or condemnation proceeds are not sufficient to repair or restore the Property, Borrower IS not relieved of Borrower's obhgatlon for the completion of such repair or restoration. . .. . . Lender or its agent may make reasonable entnes upon and mspectlons of .the Property. It. It has rea.sonabl.e cau~e, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notIce at the tIme oj or pnor to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the dircction of Borrower or with B(~rrower' s kn~)wledge or c(~nsent ga~e ~a~erially: fals~, miskading, or inaccuratc information or statements to Lender (or failed to provide Lender With matenal lllformatlon) In conn\:ctilln with the Lllan. Material rcpresentations inclulle, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence.. .. . . . 9. Protection of Lender's Interest in the Property and RIghts Under thiS SecurIty Instrument. It (a) Borrower fails to perform the covenants and agrecments containell in this S~curity Instru~ent, (b~ there is a legal proceeding that .mig~t significantly affect Lender's interest in the Property anll/or nghts under thiS Secunly Instrument (such as a proceedmg m hankruptcy, probate, for condemnation or forfeiture, for enforcemcnt of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (e) Borrower has abandonell the Property, then Lender may do and pay for whatcvn is reasllnablc or dppropriatc to protect Lender's interest in the Property and rights under this Security Instrument, including protecting dnd/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to; (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in ClJUrt; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, t:ntering the Property to makt: repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminale building or other code violations or dangt:rous conditions, and have utilities turned on or off. Although Lender may take aclion under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agrt:ed that Lender incurs no liability for not taking any or all 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 interest at the Note rate from lhe date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower at:qllires fee title to the Property, the leasehold and the fee title 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 required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage retluired by I,ender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was reljuired to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially eljuivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost 10 Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lenller. If substantially equivalent Mortgage Insurance coveragc is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments Ihat were due when the insurance coverage ceased 10 be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in hill, and Lender shall not be reljuired to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period thaI Lender requires) 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 premiums for Mortgage Insurance, Borrower shall pay the premiums rCljuired to maintain Mortg~ge Insurance i~ effect, o~ to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends III accordance with any wntten agreement between Borrower and Lender providing for such termination or until termination is required by Applicahle Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Morlgagc Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower docs Hot repay the I.oan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers .cvaluate their total ~i~k on. al~ such insurance in force from time to time, and may enter into agreements WIth other parlles that share or modlJy their nsk, or reduce losses. These agreements are on terms and conditions that arc satisfa~:tory to the mortgage insurer. and the other pa~ty: (or parties) to these agr~ements. These agreements may require the mortgage II1surer 10 make payments usmg any source oIlunds that lhe mortgage msurer may have available (which may include fllnlls obtained from Mortgage Insurance premiums). ...~s a re~ult of these ~grecl~lents, Lcnder~ any purchaser ?f ~he Note, another insurer, any reinsurer, any other entity, or any at hhate 01 any of the lmegolllg, may receIve (dIrectly or mdlrectly) amounts that derive from (or might be characterized a~) a portion .of Borrower> payments for Mort~age Insurance.: .in exchange for sharing or modifying the mortgage insurer's rtsk, orredllemg .Iosses. .It such ~greement proVIdes that ~n a~hhate of Lende~ take~ a share of insurer's risk in exchange for a share of lhe premIums paId 10 the II1surer, the arrangement IS often termed "captIve remsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance and they will not entitle Borrower to any refund. ' (b) Any such agreements will not affl..'Ct the rights Borrower has--if any--with respect to the Mortgage Insurance under the Homeowners Protection Act of 1995 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Misccllancous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is nol lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to 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 paymcnts as thc work is completed. Unless an agreement is made in writing or Applicable Law reljuires interest to be paid on such Miscellaneous Proceeds, Lender shall not be reljuired 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 stllns secured hy this Security Instrument, whether or not then due, with the 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 tolal taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. NEBRASKA-.-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 Ilanko," Sy5lern" III".. SI. rlolld, MN I-urn, MDl NE 8/1712000 (page 4 of 7 pages) ~