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<br />200901981 <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 default if, during the Loan appJlcatlon process, Borrower or any <br />persons or entitles acting at the direotion of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or <br />Inacourate information or statements to Lender (or failed to provide Lender with material Information) in connection with the Loan. <br />Material representations Inolude, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />Bcrrower's principal residence. <br /> <br />9. Protection of lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower <br />falls to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding 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 />appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andlor <br />assessing the value of the Property, and securing andlor 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 />reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured <br />position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, <br />change locks, replace or board up doors and windows, drain water from pipes, eliminate building 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. rt 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 shari 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 />[f this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee <br />titie 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, Bcrrower 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 tcward the premiums for Mortgage Insurance; Borrower shall pay the premiums required tc obtain <br />coverage substantially equivalent to the Mortga{:!e Insurance previously in etrect, 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. It 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 ccverage ceased to be in effect. Lender will accept, use and retain these <br />payments as a non-refundable loss reserve in lieu at Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, ana 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 it Mortgage Insurance covera\ile (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 />Mort~age 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 satisfactcry to <br />the mortgage insurer and the other party (or parties) to these agreements. These agreements 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 /> <br />As a result of these aweements, 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 />01 Borrower's payments lor Mortgage Insurance, In exohange 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 refund 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 Prooeeds 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 suoh 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 suoh inspection shall be undertaken promptly, Lender may pay for <br />the repairs and restoration in a single disbursement or in a series of progress payments as the work Is oompleted. 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 eamlngs on such Miscellaneous Proceeds. ]f the restoration or repair Is not economically <br />feasible or Lender's seourity 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. Suoh 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 />NEBRASKA-Single Femllv-Fannl.. M....Fr..ddi. M"" UNIFORM INSTRUMENT <br />3028 NE DOT 01/Ot PG4 <br /> <br />Form 302S 1/01 (pege 4 of 7 PilQs) <br /> <br />~ <br />~W\ <br />