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~: ~ ~~ ~: ~~:_ , ~„ 200909061 <br />7. Preservation, Maintenance and Protection of the Property; Ix-spections. Borrower shall not destroy, damage or <br />impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in <br />the Property, Borrower shall maintain the Property in order to prevent the Property front deteriorating or decreasing in value <br />due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if damaged to avoid Further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with damage to, or the taking of, the property, Borrower shall be responsible for <br />repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender tnay disburse proceeds for <br />the repairs and restoration in a single payment or in a series of progress payments as the work is completed. It' the insurance 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 rest.nration. <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 imprnvecnents on the Property. Lender shall give Borrower notice at the time of or prior <br />to such an interior inspection specifying such reasonable cause. <br />$. Borrower's Loan Application. Horrowcr shall he in default if, during the I.,oan application process, Borrower or <br />any persons or eatities acting at the direction of Horrowcr or with Borrower's knowledge or consent gave materially false, <br />misleading, or inaccurate information or statetncnts to Lender (or Failed t.o provide Lender with material itformation) in <br />connection with the Loan. Material representations include, but are not limited to, 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) Harrower fails <br />to perform the covenants and agreements contained in this Security Instrument, (h) 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 <br />bankruptcy, probate, for condemnation or forfeiture, for enforceiitent of a lien which may attain priority over this Security <br />Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then I.,ender tnay 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 the value o1' the Property, and securing and/or repairing the Property. I..cnder's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Securtty Instrument; (b) <br />appearing in court; and (c) paying reasonable attorneys' fees to protect its interest to the Property and/or rights under this <br />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 hoard up doors and windows, drain water from <br />pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or oFF. Ahhough Lender <br />may take action under this Section 9, Lender does not have to do so and is not. under any duty or obligation to do so. It is <br />agreed that Lender incurs no liability for not taking any or all actions authorized under this Seaton 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Horrowcr secured by this <br />Security Instrument. These amounts shall bear interest at the Notc rate from the date of disbursement and shall he payable, with <br />such interest, upon notice from Lender to Horrowcr requesting payment. <br />If this Security Instrument is on a leasehold, Horrowcr shall comply with all the provisions of the lease. IF Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless l.cnder agrees to the merger is writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage <br />required by Lender ceases to he available from the tztortgage insurer that previously provided such insurance and Borrower was <br />required to make separately designated payments toward the premiuttis for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially eyuivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to the cost to Horrowcr of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in <br />effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such <br />loss reserve shall. be non-refundable, notwithstanding the fact thal the: Loan is ultit~ialely paid in full, and lender shall not be <br />required to pay Horrowcr any interest or earnings on such loss reserve. lender can iac~ longer reyuii•e loss reserve payments if <br />Mortgage Insurance coverage (in the amount and For the period that Leader requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender rcyuires separately designated payments toward the premiums for Mortgage <br />Insurance. If Lender required Mortgage Insurance as a atndituln of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide anon-rd'undable loss reserve, until L,ender's reyuirettient for Mortgage <br />Insurance cads in accordance with any written agreement between Borrower and L.,ender providing for such termination or until <br />termination is required by Applicable Law. Nothing in this Section lO affects Iorrower's obligation to pay interest at the rate <br />provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for 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 total risk on all such insurance in force from time to tune, and may enter into <br />agreements with other parties that share or izaodify their risk, or reduce losses. These agreements are on terms and conditions <br />that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. 'T'hese agreements may requite <br />the mortgage insurer to make payments using any source of funds that the mortgage msurer ttiay have available (which may <br />include funds obtained from Mortgage Insurance preniums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or <br />any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive From (or might be characterized <br />as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provides that an affiliate of I_,ender 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." h'urther: <br />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Lsurance, nr <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe 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 aay--with respect to the Mortgage Insurance <br />under the Homeowlners Protection Act of 1998 or any other law. These rights may hiclnde the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance termiuaiated <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 and shall <br />be paid to Lender. <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 such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property <br />to ensure the work has been completed to Lender's satisfaction, provided that such inspectiota shall be undertaken promptly. <br />Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is <br />completed. Unless an agreement is made in writing or Applicable l..aw requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not be required to pay Horrowcr any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration or repair is not economically feasible or L,ender's security would he lessened, the Miscellaneous Proceeds shall be <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. <br />Tn the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied <br />to the sums secured by this Security Instrument, whether or not. then due, with the excess, if any, paid to Harrower. <br />Form 3028 71n7 <br />NEBRASKA-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT .-~ _,,,. <br />8ankors Systems, Inc., St. Cloud, MN Form Mp~ 1-NE 9/1712000 (PbR~' '~ ~~~ ~!xlRa~+'1 ~ ~. <br />