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201004059 <br />Lender or its a ant may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may <br />inspect the interior of the improvements an the Property. Lender shall give Borrower notice at the time of yr prior to such an interior <br />inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default 'rf, during the Loan application process, Borrower or any <br />persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or <br />inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan, <br />Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as <br />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 might <br />significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding m bankruptcy, <br />probate, for condemnation or forfeiture, for enforcement of a lion which may attain priority over this Security Instrument or to enforce <br />laws or regulations}, or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is reasonable or <br />appropriate tv prvteat Lender's interest in the Property and rights under this Security Instrument, inaluding protecting and/or <br />assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but era 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 t e 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, It is agreed that Lender incurs no liability for not taking any or a(I <br />actions authorized under this Section 9, <br />Any amounts disbursed b Lender under this Section 9 shall become additional debt of Burrowor secured by this Security <br />Instrument. These amounts shall 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 />If this Security Instrument is an a leasehold, Borrower shall oomply with all the provisions of the lease. !f Borrower acquires fee <br />title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower 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 toward the premiums for Mortgage Insurance Borrower shall pay the premiums required to obtain <br />coverage substantially equivalent tO the Mortgage Insurance previously in ef~ect, at a cost substantially equivalent to the cast to <br />Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If 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 ware du® when the insurance coverage ceased to be in effect. Lender will accept, use and retain these <br />payments as anon-refundable loss reserve In Uau of Mortgage Insurance. Such loss reserve shall be non-refundable, <br />notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or <br />earnings on Sunh loss reserve, Lender can no longer require lass reserve payments if Mortgage Insurance coverage (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 Ensurance. 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 1 p affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does <br />oat 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 farce from time to time, and may enter into agreements with <br />other parties that share or modify their risk, or reduce losses. These ogre®ments are on terms and conditions that are satisfactory to <br />the mortgage insurer and the other party (ar 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 />As a result of these agreements, Lender, anyy purchaser of the Nate, another insurer, any reinsurer, any other entity, or any <br />affiliate of any of the far going' may receive (directly or indirectly)) amounts that derive from (ar might be characterized as } a portion <br />of borrower's payments far Mortgag® Insurance, in exchange #or 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 tv the insurer, the arrangement is often termed "captive r®insurance." Further: <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 awe for <br />Mortgage Insurance, and they will not entitle [3orrawer to any refund. <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 ofi any Mortgage ]nsurance premiums that were <br />unearned at the time of such cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture: All Miscellaneous Proceeds are hereby assigned to and <br />shall be paid to Lender, <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration ar 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, Lender <br />shall have the right to hold such Miscellaneous Proce®ds until Lender has had an oppvrtunrty to inspect such Property to ensure the <br />work has been completed to Lender's satisfaction, provided that suah inspentinn 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 Applicabl® Law requires interest to be paid an such Miscellaneous Proceeds, Lender shall not be <br />required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically <br />feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not than due, with the excess, if any, paid to Borrower. Such Miscelllaneous Proceeds shall be applied in the <br />order provided for in Section 2. <br />In the event of a total taking, destruction, or Eoss in value of the Property, the Misoellaneous 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 />NE6RASKA-Single Femlly-Fannin Mee/Freddi~ Mac UNIFORM INSTRUMENT Form 3028 7/tl1 (page 4 v1 7 pages) <br />3628 NE OOT 01!07 PO4 <br />