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<br />200707346 <br /> <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or <br />entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate <br />information or statements to 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 Property as Borrower's principal <br />residence. <br /> <br />9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.lf(a) Borrower fails to perform <br />the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's <br />interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or <br />forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or <br />(c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest <br />in the Property and rights under 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 secured by a lien which has priority <br />over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or <br />rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate <br />building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this <br />Section 9, Lender docs not 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 <br />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 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, upon <br />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. Borrower shall not <br />surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express <br />written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall <br />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 the <br />premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender <br />ceases to be available from the 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 required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the <br />Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower shall continue to pay to Lender the amount ofthe separately designated payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve <br />in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, <br />and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve <br />payments if Mortgage Insurance coverage (in the amount and for the period that Lenderrequires) provided by an insurer selected by Lender <br />again becomes available, is 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 separately designated payments <br />toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to <br />provide a non-refundable loss reserve, until 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 Section 10 <br />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 incur if Borrower does not <br />repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Mortgage Insurers evaluate their total risk on all such 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 the <br />mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments <br />using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance <br />premiums). <br />As a result of these agreements, Lender, any purchaser ofthe note, another insurer, any reinsurer, any other entity, or affiliate of <br />any ofthe foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's <br />payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement <br />provided that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the <br />arrangement is often termed "captive reinsurance." Further: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other <br />terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not <br />entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under <br />the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to <br />request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to <br />receive a refund of any Mortgage Insurance premiums that were 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 shall be paid to <br /> <br />Lender. <br /> <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration <br />or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the <br />right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been <br />completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and <br />restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or <br />Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. Ifthe restoration or repair is not economically feasible or Lender's security would be lessened, <br />the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if <br />any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums <br />secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security <br />Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the <br />sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair <br />market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property <br />immediately before the partial taking, destruction, or loss in value is less than the amount ofthe sums secured innnediately before the partial <br /> <br />NEBRASKA -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />Page 4 of 7 <br /> <br />F02f 3028 1/01 <br />Borrower(s) Inilials ul/- # <br /> <br />IDS, Inc. - (800) 554"1872 <br />