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2oo~osi3s <br />x~ax~rr ~: o9aii~~rs <br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent <br />shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; lnspectidns. Borrower shall not destroy, <br />damage or impair the Property,. allow the Property to deteriorate or commit waste on the Property. Whether or not <br />Borrower is residing in the Property, Harrower shall maintain the Property in order to prevent the Property from <br />deteriorating ar decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair ar <br />restoration is not economically feasible, Borrower shah promptly repair the Property if damaged to avoid further <br />deterioration or damage. If insurance yr condemnation proceeds are paid in connection with damage ta, or the taking <br />afi, the Property, Borrower shall be responsible far repairing or restating the Property only if Lender has released <br />proceeds far such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in <br />a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient <br />to repair pr resfinre the Property, Borrower is oat relieved of Borrower's obiigation for the campletfvn of such repair or <br />restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of <br />or prior to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Applica#ion. Borrower shall be in default if, during the Loan application process, Borrower <br />ar any persons ar entities acting at the direction of Borrower or with Borrower's knowledge ar consent gave materially <br />false, misleading, or inaccurate information ar statements to Lender (arfailed to provide Lenderwith material information) <br />in connection with the Loan. Material representations include, but are oat limited to, representations concerning <br />Borrower's occupancy of the Property as Borrower's principal residence. <br />9, Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower <br />fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that <br />might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a <br />proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />overthis Security Instrument orta enforce laws or regulations), ar (c) Borrower has abandoned the Property, then Lender <br />may do and pay far whatever is reasonable ar appropriate to protest Lender's interest in the Property and rights under <br />this Security Instrument, including protecting and/ar assessing the value of the Property, and securing and/ar repairing <br />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 <br />the Property and/or rights under this Security Instrument, including its secured position in a bankruptoy proceeding. <br />Securing the Property includes, but is not limited to, entering the Property to make repairs, change lacks, replace or <br />board up doors and windows, drain water from pipes, elimina#e building or other code violations or dangerous <br />conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not <br />have to da so and is oat under any duty nr obiigation to do so. It is agreed that Lender incurs no liability for not taking <br />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 <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrumentis on a leasehold, Horrawershall camplywith al! the provisions ofthe lease. Borrower shall <br />notsurrendertheieasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall <br />not, without the express written consent of Lender, alter of amend the ground lease. If Borrower acquires fee title to the <br />Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />1 C1. Mortgage Insurance. If Lender required Mortgage Insurance as a condition a# making the Loan, Borrower sha11 <br />pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance <br />coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance <br />and Borrower was required to make separately designated payments toward the premiums far Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance <br />previously in effect, at a cast substantially equivalent to the cost to Borrower of the Mortgage insurance previously in <br />effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage <br />is not available, Borrower shall continue to pay to Lender the amount of the 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- <br />refundable loss reserve in lieu, of Mortgage Insurance. Such loss reserve shall be non-refundable, natwithstandingthgi <br />font thatthe Loan is ultimately paid in fiul[, and Lender shall not be required to pay Borrower any interest nr earnings nn <br />such loss reserve. Lender can no longer require (oss reserve payments if Mortgage Insurance coverage (in the amount <br />and for the period that Lender requires) provided byan insurer selected by Lender again becomes available, is obtained, <br />and Lender requires separately designated payments toward the premiums far Mortgage Insurance. If Lender required <br />Mortgage Insurance as a condition of making the Laan and Harrower was required tv make separately designated <br />payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain <br />Mortgage Insurance in effect, or to provide anon-refundable Ivss reserve, until Lender's requirement far Mortgage <br />Insurance ends in accordancewith anywritten agreement between Borrowerand Lender providing farsuch termination <br />or until termination is required by Applicable Law. Nothing in this Section 1 b affects Borrower's obiigation to pay interest <br />at the rate provided in the Nate. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Nate) far certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage insurance. <br />Mortgage Insurers evaluate their fintal risk nn all such insurance in force from time to time, and may enter into <br />agreements with other parties that share ar modify their risk, or reduce losses. These agreements are an terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (ar parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Hate, another insurer, any reinsurer, any other entity, <br />or affiliate of any of the foregoing, may receive (directly nr indirectly) amounts that derive firom (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage <br />insurer's risk, or reducing losses. If such agreement provided that an affiliate of Lender takes a share of t~urer's <br />NE13RASKA -Sinsla ~'amily~-1=annir IVIa~/1=r~i~i~ Mac UNIFUMM INSTRUMENT Firm 3~2a ~/~1 Initials s <br />® 1999-2007 dnline gvcuments, Inc. Page 5 Of 9 NEEpEED 0705 <br />