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200901647
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3/5/2009 3:57:12 PM
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3/5/2009 3:40:55 PM
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DEEDS
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200901647
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<br /> <br /> <br /> 20090164'7 <br /> <br /> premiums, utilities, repairs and replacements) before the last date upon which each such payment <br /> may be made without any penalty or interest charge being added. <br /> (c) As long as no Event of Default exists and Borrower has timely delivered to <br /> Lender any bills or premium notices that it has received, Borrower shall not be obligated to pay <br /> Taxes, insurance premiums or any other individual Imposition to the extent that sufficient <br /> Imposition Deposits are held by Lender for the purpose of paying that specific Imposition. If an <br /> Event of Default exists, Lender may exercise any rights Lender may have with respect to <br /> Imposition Deposits without regard to whether Impositions are then due and payable. Lender <br /> shall have no liability to Borrower for failing to pay any Impositions to the extent that any Event <br /> of Default has occurred and is continuing, insufficient Imposition Deposits are held by Lender at <br /> the time an Imposition becomes due and payable or Borrower has failed to provide Lender with <br /> bills and premium notices as provided above. <br /> (d) Borrower, at its own expense, may contest by appropriate legal proceedings, <br /> conducted diligently and in good faith, the amount or validity of any Imposition other than <br /> insurance premiums, if (1) Borrower notifies Lender of the commencement or expected <br /> commencement of such proceedings, (2) the Mortgaged Property is not in danger of being sold <br /> or forfeited, (3) Borrower deposits with Lender reserves sufficient to pay the contested <br /> Imposition, if requested by Lender, and (4) Borrower furnishes whatever additional security is <br /> required in the proceedings or is reasonably requested by Lender, which may include the <br /> delivery to Lender of the reserves established by Borrower to pay the contested Imposition. <br /> (e) Borrower shall promptly deliver to Lender a copy of all notices of, and invoices <br /> for, Impositions, and if Borrower pays any Imposition directly, Borrower shall promptly furnish <br /> to Lender receipts evidencing such payments. <br /> 16. LIENS; ENCUMBRANCES. Borrower acknowledges that, to the extent <br /> provided in Section 21, the grant, creation or existence of any mortgage, deed of trust, deed to <br /> secure debt, security interest or other lien or encumbrance (a "Lien") on the Mortgaged Property <br /> (other than the lien of this Instrument) or on certain ownership interests in Borrower, whether <br /> voluntary, involuntary or by operation of law, and whether or not such Lien has priority over the <br /> lien of this Instrument, is a "Transfer" which constitutes an Event of Default. <br /> 17. PRESERVATION, MANAGEMENT AND MAINTENANCE OF <br /> MORTGAGED PROPERTY. <br /> (a) Borrower (1) shall not commit waste or permit impairment or deterioration of the <br /> Mortgaged Property, (2) shall not abandon the Mortgaged Property, (3) shall restore or repair <br /> promptly, in a good and workmanlike manner, any damaged part of the Mortgaged Property to <br /> the equivalent of its original condition, or such other condition as Lender may approve in <br /> writing, whether or not insurance proceeds or condemnation awards are available to cover any <br /> costs of such restoration or repair, (4) shall keep the Mortgaged Property in pod repair, <br /> including the replacement of Personalty and Fixtures with items of equal or better function and <br /> quality, (S) shall provide for professional management of the Mortgaged Property by a <br /> residential rental property manager satisfactory to Lender under a contract approved by Lender <br /> in writing, and (6) shall give notice to Lender of and, unless otherwise directed in writing by <br /> Lender, shall appear in and defend any action or proceeding purporting to affect the Mortgaged <br /> Property, Lender's security or Lender's rights under this Instrument. Borrower shall not (and <br /> shall not permit any tenant or other person to) remove, demolish or alter the Mortgaged Property <br /> or any part of the Mortgaged Property except in connection with the replacement of tangible <br /> Personalty. <br /> FANNIE MAE MULTIFAMILY SECURITY INSTRUMENT - Form 4028 11/01 Page 14 <br /> NEBRASKA <br /> © 1997-2001 Fannie Mae <br />
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