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2oo9osiss <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not. destroy, damage or <br />impair the T'ruper[y, allow the Property to deteriorate or commit waste on the Property. Whether or not. Borrower is residing iu <br />the Property, Borrower shall maiut.ain the Property in order to prevent the Properly from deteriorating ur decreasing in value <br />due t.o Its coudit.ion. Unless it is detertninud pursuant w Section 5 shat repair or restoration is ru>t economically fcasihlu, <br />Borrower shall promptly repair the Troperty if damaged to avoid further deterioration or dintagc. if insurance or <br />condemnation proceeds are paid iu alnnecliou wi1.h damage t.o, or the taking ul', the Properly, Borrower shall he responsible for <br />repairing or restoring the Property Duly if Louder has released proceeds for such purposes. Louder may disburse proceeds for <br />the repairs and restoration iu a single payment. or iu i series of progress payraauuts as the work is completed. if the iusurauce or <br />condemnation proceeds are not. sufficient to repair or restore the Property, Borrower is not. relieved of Borrower's obligation <br />for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Properly. if it. has reasonable cause, <br />Lender may inspect the interior of the hnpmvements on the Property. Lender shall give Borrower notice at the lime of or prior <br />to such an interior iuspecliou specifying such reasonable cause. <br />$. Borrower's Loan Application. Borrower shall be in default. if, during the Loan application process, Borrower or <br />any persons or entities acting iI. the direct.iou of Borrower or with I3orrowcr's knowledge or coiitient gave rni.t.eriilly false, <br />misleading, or i[taccurate information or statements to Lender (or failed t.o provide Lender with material inforlnatian) in <br />connection wish the Loan. Materiil representations include, but are col Luniled Lo, representations concerning Borrower's <br />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 fails <br />to perfor[n the covenants and agreements contained in ibis Security Instrument, (h) there is i legal proceeding that might <br />significantly affect bender's interest. in the Properly and/or rights under this Security Insiruineut. (such as a proceeding in <br />-bankruptcy, probate, fur condurrinatiun ur forfeiture, for euforcemeut. of a lien which snag attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) .Borrower has abandoned the Property, rhea lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing Cho value of the Property, and suturing and/or repairing the Property. Lender's ict.ious <br />ci.u include, but. are not lunited to: (a) paying any sums secured by a lien which has priority over this Sucurily luslruinent; (b) <br />appearing in court; and (c) paying reasonable attorneys' fees t.o proCect its interest in the PrapeRy iud/or rights under this <br />Security Instrurrtent, including its secured position in a biukruplcy proceeding. Securing the Property includes, but is not <br />Lunited lo, catering i.he Property to snake repairs, change locks, replace ar hoard up doors ind windows, drain wil.er from <br />pipes, eluttinate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender <br />may take action. under Ibis Secliou ~, Louder does col. have to do so and is not under any duty or obligation to du so. It is <br />agreed shat Leader incurs uo Liability for not. faking any or all actions authorized under this Section ~. <br />Auy a[nount.s disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Instrument. Thule a[nounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with <br />such interest, upon notice from Lender to Borrower requesting payment. <br />if this Security luslriuneut is on i leasehold, Borrower shall comply with all the provisions of the lease. if Borrower <br />acquires fee title to tiro T'ropcrty, the leasehold and the foe title shall not. merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a coudilion of snaking the loan, Borrower shall <br />pay the premiums reyuired to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />reyuired by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was <br />required to make separately designated payments toward the premiums for Mortgage Insurance, Torrower shall pay the <br />premiums reyuired to obtain coverage substantially equivalent. to the Mortgage Insurance previously iu el`fect, at a cclst <br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect., from an alternate mortgage <br />insurer selected by Louder. if substantially equivalent Mort.gi.ge Insurance coverage is not available, Borrower shall continue to <br />pay t.o Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be iu <br />ell°ect. Lender will accept, use and retain these pxyments as anon-refundable loss reserve in lieu of Mortgage insurance. Such <br />loss reserve shall be non-refundable, notwithstanding the fact that Cho Loan is ultimately paid in full, and Leader shall not be <br />reyuired to pay Borrower any interest or earnings on such loss reserve. Lender can nu longer require loss reserve pxyments if <br />Mortgage Insurance coverage (in the amount and for the period that Tender requires) provided by iu insurer selected by l.,cnder <br />agail.~ bucorrtcs available, is obtained, atad i..,ender requires separatety designated payments toward the premiums for Mortgage <br />Insurance. if Lender reyuired Mortgage lusura.nce as a coudit.ion of making the Loau and Burrower wis required to make <br />separately designated payments toward the prclniu[ns for Mortgage Insurance, Borrower shall pay the prcrrtiutns reyuired to <br />[naintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage <br />insurance ends in accordance with any written igreemeul between Borrower and Lender providing for such termination or until <br />lerminilion is required by Applica.bie Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rxtu <br />provided iu the Note. <br />Mortgage iusurauce reiiiaburses i,ender (or any entity Thal purchases Cho Note) for certain losses it may incur if <br />T~orrower does not. repay the Loau as agreed. Borrower is not i party t.o the Mortgage lusurance. <br />Mortgage insurers evaluate their total risk ou all such iusurauce in force from tultu to time, and may enter into <br />agtuerltents with other parties that share or modify their risk, or reduce losses. These agreements are on terms ind conditions <br />that. are satisfactory to the mortgage insurer and the other party (or partr.es) to these igreemenls. 'These agrcurnents m.xy require <br />the mortgage insurer to make payments using any source of :feuds that the mortgage insurer may have available (which may <br />include funds obtained from IVlorlgige Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Nutu, another insurer, airy reiusurer, any other entity, ur <br />any al'I'iliatc o1' any of the foregoing, rniy receive (directly or indirectly) amounts that derive frarit (ar might. be characCerized <br />as) a porl.iou of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reduci.ug losses. If such agreement provides that an affiliate of Louder takes a share of insurer's risk in exchange for a <br />share of the premiums paid to the insurer, the 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 <br />any other terms of the Loan. Such agreements will oat increase the amount Borrower will awe for Mortgage Insurance, <br />and they will not 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 <br />under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to clad shall <br />he paid to Lender. <br />If the Prupurtyrs 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. ])using such repair iud restoration period, <br />I_,ender shall have the right to hold such Miscellaucous Proceeds until I.,euder has had au opport.uuity to inspect such I'ropurty <br />to ensure the work has been completed to Lender's satisfaction, provided that. such inspection shall be undertaken promptly. <br />lender Inay pay for the repairs and restoration in a single disbursurnunt ur in a series of progress payments as the work is <br />completed. Unless au agreement is made in writing or Applicable Law requires interest. to be paid on such Miscellaneous <br />Proceeds, Lender shall not hu required to pay Borrower any iul.erest. or earnings on such Misccllanuuus Proceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaucous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether ur not then due, with the excess, if any, paid to Torrower. <br />Such Miscellaneous Proceeds shall be appliedrn the order provided for iu Section 2. <br />in tlae event of i lolil liking, deslructiou, or loss iu value of the Property, tiro Miscellaneous Proceeds shall he applied <br />to the surrts secured by this Security lnstriunent., whether or not then due, with the excess, if any, piid io Borrower. <br />NEBRASKA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT _ Form 3028 1/07 <br />bankers Systems, Inc., St. Claud, MN Form MD-1-NE 8/17/2000 (ynge 4 of 7yages) L ~~T <br /> <br />