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. �oioo9o�4 <br />7. Preservation, Mainlenance and Proteclion of the Property; Inspections. Borrower shall not destroy, damage or <br />impair the Property, allow the Property ta deteriorate or commit waste on the Property. Whether or not Borrower is residing in <br />the Property, Borrower shall maintam the Property in order to prevent the Property from deteriorating ar decreasing in value <br />due to its condition. Unless it is determined pursuant to Section 5 that repatr or restoratinn is not economically feasible, <br />Borrower shall promptly repair the Property if damaged fo avoid further d�terioration or damage. If insurance or <br />condemnation prnceeds are paid in connection with damage to, or the taking of, the Property, Borrnwer shall be responsible for <br />repairing or restoring thc: Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for <br />the repairs and restoration in a single payment or in a series of prngress payments as the work is completed. If the insurance or <br />cc>ndemnation proceed� are not suttrcient to repair or restore the Property, Borrower is not relieved of Borrow�r's obligation <br />for the completion of such re:pair or resforation. <br />Lender or its agent may make reasonable entries upon and inspectinns of the Property. If it has reasonable cause, <br />Lender may inspect the interior of the improvements nn the Property. Lender shall give Borrower notice at the time of or prior <br />tc� such an interior inspection specifying such rtasonable cause. <br />$. $orrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or <br />any persons or entities acting at th�: direction oF Borrower nr with Borrower's knnwledge or cansent gave materially false, <br />misleading, or inaccurate information or statements to Lender (or failed tc� provide Lender with rnaterial information) in <br />connection with fhe Loan. Material representations include, but are not lirnited to, r�presentations concerning Borrower's <br />occupancy of the Prop�rty 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 perform the covenants and agreements contained in this Security Instrum�nt, (b) there is a legal proceeding that rnight <br />significantly affect Lender' S interest in the Property and/or rights under this 5ecurity Instrument (such as a proc�eding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Securrty <br />Instrument nr to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do arui pay fnr <br />whatever is rcasonable or appropriate to prntect Lender's interest in the Property and rights under this Security Instrument, <br />including protecting and/or assessing the value of the Property, and securing and/or repairmg the Property. Lender's actions <br />can include, but are not lunited to: (a) paying any sums secured by a lien which has priority over this Security Instrurnent; (b) <br />appearing in court; and (c) paying rc:asonable attorneys' fees to protect its interest m the Prop�rty and/or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securin� the Property includes, but is not <br />limited to, entering the I'roperty to make repairs, change ]ncks, replac� or board up doors and wmdows, drain water from <br />pipes, eliminate building or odi�r cc�de violations or dangerous conditions, and have utilities turned on or off. Although Lender <br />may take acNon 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 L�nder incurs no liability for not taking any or all acdnns 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 inCerest at the Note rate from the date af disbursement and shall be payable, with <br />such intcrest, upon notice from I..ender to Borrower requesting payment. <br />If this Security Instrument is an a leasehold, Bnrrower shall comply with all the provisions of the lease. If Borrower <br />acyuires fee 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 Mortgagc Insurance as a candition of making the Loan, Borrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, fnr any reason, the Mortgage Insurance coverage <br />required by Lender ceases to he available from the: rr►ortgage insurer fhat previously provid�d such insurance and Borrower was <br />required to make separately designatea payments toward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent tn the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to the cnst to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage <br />insurer selected by Lender. Tf substantially eyuivalent Mortgage Insurance coverage is not available, $orrower shall continue to <br />pay to Lender the amc�unt of the separately designated payments that were due wh�n the insurance coverage ceased to be in <br />effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Tnsurance. Such <br />loss reserve shall be non-xefundable, nolwithstandin� the. fact �hat_ the Loan. is ultimat�ly paid in full, . and Lender shall not be <br />required to pay Borrnwer any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if <br />Mortgage Insurance coverage (in the amount and for the period thal I..ender requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and I.ender reyuir�s separately designated payments toward the premiums fnr Mortgage <br />Insurance. If I,ender reyuired Mortgage lnsurance as a condition of makmg the Loan and Borrower was required to rnake <br />separately designated paym�nts tc�ward the premiums for Mortgage Insurance, $orrower shall pay the premiunns required to <br />maintain Morfgage In�urance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage <br />Insurance ends in accordance with any written agreement betw�en Borrower and Lender providing for such termination or until <br />termination is reyuired by Applicable Law. Nothin�; in fhis Section 10 affects Borrower's obligatian to pay interest at the rate <br />provided in the Note. <br />Mc�ttgage 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 tntal risk on all such insurance in force from time to time, and may enter into <br />agreements with other parties that share or mc�dify their risk, or reduce losses. T'h�s� agreernents are on terms and conditions <br />that are satisfacwry to the mortgage insurer and the other parly (or parties) to these agreements. T'hese agreernents may require <br />the rnortgage insurer to make payments using any source of funds that the mortgage insut�r rnay have available (which may <br />include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lend�:r, 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 froxn (or might be characterized <br />as) a portion of Borrower's payments for Mortgag� Insurance, in exchange for sharing or modifying the mortgage insurer's <br />risk, or reducing losses. If such agreement provides that an affiliale of L�:nder takes a share of insurer's risk in exchange for a <br />share of the premiums paid to the insurer, the arrang�ment is often termed "captive reinsurance. " Further: <br />(a) Any such agreemenls will nol affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or <br />any other terms of the Loan. Such agreements will nol incresuc the amount Borrower will owe for Mortgage Insurance, <br />and they will not entitle Borrower to any refund. <br />(b) An� such agreements will not affect the rights Borrower has--if any--with respect to the Mortgage Insurance <br />under the A'oriietiwners Protection Act of 1998 or any ather law. These rights may inclade 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 af any Mortgage Insurance premiums that were unearned at the time of snch <br />cancellation or termination. <br />11. Assignmept of Miscellaneous Proceeds; T� orfeiture. All Miscellaneous Proceeds are hereby assigned tn and shall <br />be paid to L�nder. <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 hnld such MiscGllanec�us Proceeds until Lender has had an opportunity to inspect such Property <br />to ensurc the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken protnptly. <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 />complet�d. L7nl�ss an agreement is made in writin� or Applicable Law requires interest to be paid on such Miscellaneous <br />Proc�eds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the <br />restoration nr r�pair is not economically feasible or Lender's security would be lessened, the Miscellanenus Proceeds shall be <br />appli�d to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. <br />Such Miscellaneaus Froceeds shall be applied in the order provided for in Section 2. <br />In the event oF a total taking, destructic�n, c�r lnss in valu� of the Property, the Miscellaneous Proceeds shall be applied <br />to the sums secured by this Security Instrurnen[, whether or not then due, with the excess, if any, paid to Borrower. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UMIFORM INSTRUMENT Form 3028 1/09 <br />8ankars Systems, Inc., St. Cloud, MN Form M�•1-NE 8/17/2000 (�xige 4oJ7pages) <br />