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2oioos954 <br />7. Preservation, Maintenance and Protecdon of the Property; Inspections. Borrower shall not deslroy, d�unage or <br />irnpair [he Propert.y, allow the Property to deteriorate or commit wasee on the Property. Whether or not I3orrower is residing in <br />the Property, Borrower shall maintain the Property in order to prevent the Property from dctcriorating or decreasing in value <br />due to its conditiou. Ylnless iC is determined pursuant to Section 5 that repair or restorado❑ is not economically feasible, <br />Borrower shall promptly repair t.he Property if damaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in conuection with damage to, c�r the taking of, the PropeRy, Borrower shall be responsihle for <br />repairing ar resCoring t.he Property only if Lender has released proceeds for such purpases. Lender may disburse proceeds for <br />the repairs and restoration in a single payment or in a series nf progress payments as lhe work is complet.ed. If the insurance or <br />condemnation' 'pmceeds are not sufficient to repair or restnre the Property, l3orrnwer is not relieved of Borrower's obligation <br />for Che cnmpLeCion of such repair or restoralion. <br />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has rexsonahle cduse, <br />Lender may inspect the interior of the improvernents on the Property. Leuder shall give Borrower potice at the time c�f nr prior <br />to such an iuterior inspectian specifying sucq reasopable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loan applicatian process, Borrower or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, <br />inislcading, or inaccurate information or statements to Lender (or failed to provide Lender with material infor�nation) in <br />connectiou with the Loan. Material representations include, but are not limited to, representations concerning Borrower's <br />occupancy af the Prnperty as Borrower's principal residence. <br />9. Protection of Lender's Interest in the Property and Rights Uuder this Security Instrument, lf (a) Borrower fails <br />to perform the covcnants and agreements contained in this 5ecurity Instrument, (b) there is a legal proceeding lhal might <br />signifi.cantly affect 1_,ender's interest in the PropeRy and/or rights under this Security Instrument (such as a proceeding in <br />barikrup�cy, prcabate, for conriemuation or fo�feituri fo� C[IiOCC£I11F:GL �f a li� ���icl� �nay attaiu �riority over this Securily <br />lnstrumenf. or lo enforce laws cyr regulations), or (c) ]3orrower has abandoned the Property, then Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's interesC in the Property and rights under this Securiry Instrument, <br />including protecting and/or assessing lhe value of the Property, and secur'tng and/or repairing the Property. Lcnder's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) <br />appearing in court; and (c) payin� reasonable attorneys' fees to protect its in[erest in 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, enteriug lhe Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, eliminate buildiug or ntkaer code violations or dangerous conditions, and have utilrties turned on or off. Al�pough Lender <br />may take action uuder this Sect.ion 9, Lender does noC have to do so and is not under any duty or nbligation to do so. It is <br />agreed that Lender incurs no liability for not taking any or all actians authorized under this Section 9. <br />Any anaounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this <br />Security Inslrum.ent. These amounts sha11 bear inierest at the Note rate from the date of disbursement and shall be payxble, with <br />such interest, upon nc�tice from l,ender to Borrower requesting payrnent. <br />Cf this Security Instruanent is on a leasehold, Borrower shall comply with all t.he provisions of the lease. If Borrower <br />acquires fee titic to the Prnperty, the Leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Iusurance. If Lender required Mortgage Insurance as a condition of maKing the Loan, Rorrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance cnverage <br />required by Leuder ceases lo he 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, Borrower s}�11 pay t.he <br />premiums required to obtarn coverage substantially equivalent to the Mortgage Insurauce previously in effect, at a cost <br />subsCantially equivalent to lhe cost to Bnrrower of the Morlgage Insurance previously in effect, from an xlternate mottgage <br />insurer selected by Lender. If subs[antially eqnivalent Mortgage lnsurance coverage is not a�ailable, Borrower shall conlinue to <br />pay to Lender ihe amount of the separately detiignated payments thai were due when the insurance coverage ceased to be in <br />effect. Lender w�ill accept, use and retain these payments as a non-refundable loss reserve in lieu of Moctgage Insurance. Such <br />loss reserve shall he non-reFundable, notwithstanding the fact that the Lvan is ultimately paid in full, aad Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender cK+n na lon�er require lass reserve payments if <br />Mort.gage Insurance coverage (in [he amount and for the �eriod that Lender reqnires) provided by an insurer selected hy Lender <br />again becomes available, is obtamed, and Lender requires separately designated payments toward thc premiums far Mort�age <br />Insurance. If Lender required Mortgage lnsurance as a condition of makmg the Loan and Borrower was required to make <br />separalely designated pxyments Coward the premiums for Mortgage Insurance, Borrower shall pay the premiums required co <br />maintain Mortgage insurance in effect, or tn provide a non-refundable lass reserve, until Lender's requ�remenC for Mortgage <br />Insurance euds in accordance with any written agreemeut between Borrower and Lender providing for such termination or untrl <br />tenninatic�n is required by Applicable I,aw. Nothing in this Section 10 affects Borrower's abligation Co pay interest al ihe rate <br />provided in the Note. <br />Mortgage lnsurauce reimburscs Lender (or any entity that purchases thc Note) for certain losses it may incur if <br />Borrower does not repay lhe Loan as agreed. Borrower is not a party to the Mnrtgage lnsurance. <br />Morlgage insurers evaluate their to[al risk on all such insurance in force from time to time, and n�y enter into <br />agreements with olher parties thaC share or rnodify their risk, or reduce losses. These agreemcnts are an lerms and condit.ions <br />that are satisfactory to the mnrtga�e insurer and the other party (or parties) to these agreements. These agreements may require <br />the mor�gage insurer t.o make payments using any source of funds that the morcgage iusurer may h�tve available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result. of these agrcements, Lender, any �urchaser of the Note, annther insurer, any reinsurcr, any other entity, or <br />any affiliate nf any of the foregoing, may receive (directly or indirectly) amounts that derive from (or rnight bc characterized <br />xs) a portion of Borrower's paymenls fnr Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducin� losses. Tt' such agreement provides that an affiliate of Lender takes a share of insurer's risk in exchange for a <br />slu►re of the prezr�iums paid to the insurer, the arrangerneut is often termed "capti.ve reinsurance." Fnrther: <br />(a) Any such agreements will not affect the acuounts that Barrower has agreed ta pay for Mortgage Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Tnsurance, <br />and they will not entitle Borrower to any reflind. <br />(b) Any such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Insu�-ance <br />uuder the Homeowners Protection Act af 1998 or any other law. These rights may inclade the right to receive certaia <br />disclosures, to request and obtain cancellation af the Mortgxge Tnsurance, to have the Nlortgage It�surance termunated <br />automatically, and/or ta receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />cancellatian or ternaination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. ALL Miscellanec�us F'rocceds are hereby assigned tc� aud shxll <br />be paid to Lender. <br />ff the I'raperty is datnaged, such Miscellaneous Proceeds shall be applied to restoration or repair of Che Property, if the <br />restoration or repair is economically feasible and Lender's security is not lessened. During such repair and resloration period, <br />Lender sl�all have lhe right to hold such Miscellaneaus Prr�ceeds until Lender has had an oppartunity to inspect such Property <br />to ensure the work has been completed to Lender's satisfaction, provided that such inspecttan shall be undertaken promplly. <br />Lender mxy pay fnr the repairs and restoration in a single disbursement or in a series of progress payments as ll�e wnrk is <br />completed: Unless an agreernent is made in writing or Applicable Law requires interest tn be paid on such Miscellaneous <br />Proceeds, Leuder shall not be required ta pay Borrower any inter�st or earnings on such Miscellaneous Proceed�. If the <br />restoration ��r repair is not economically feasible or Lender's securiry would be lesseued, the Miscellaneous Proceeds shall be <br />applied to t.he sums secured by this Secnrity Instrumeut, whether or not then due, with the excess, if any, paid to Borrower. <br />Suc1a .Miscellaneous F'roceeds shall be applied in the order provided for in Section 2. <br />In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied <br />to the suxns secured by this Security instrumeut, whether or not then due, with the excess, if any, paid to Borrower. <br />NEBRASKA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/07 <br />Bankars Systams, Inc., St. Claud, MN Form MD-1-NE 8/17/2000 (�7[1J¢ 40f 7(Xlk¢S) <br />�11.J� � � . ¢ ° . <br />