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2oiioo3so <br />7. Preservatinn, Maintenance and Pratection of the Property; Inspections. $orrower 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 1'roperty in order to prevent the 1'roperty from deterioratiug or decreasing in value <br />due to its condition. Uniess it is determined pursuant to Section 5 that repair or restoration is not economically feasible, <br />Borrower shall promptly repair the Property if daznaged to avoid further deterioration or damage. If insurance or <br />condemnation proceeds are paid in connection with darnage to, or the taking of, the Property, Borrower sha11 be responsible for <br />repairing or resmring the Property only 'rf Lender has released proceeds for such purposes. Lender may disburse proceeds for <br />the repairs and restoration in a single payznent or in a series of progress paynnents as the work is completed. If the insurance or <br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligatiou <br />for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of the Praperty. If it has reasonable cause, <br />Leader may inspect the interior of the improvemeats on the Property. Lender sha11 give Borrower notice at the time of or prior <br />to such an interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrawer shall he in default if, during the Lnan application 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 />misleading, or inaccurate informatian or statemepts to Lender (oc failed to provide Lender with material information) in <br />connection with the Loan. Material represeutations include, but are nat limited to, representations concerning Borrower's <br />occupancy of the Property as Borrower's principal residence. <br />9. Protection of Lender's L�terest in the Praperty and Rights Under this Security Instrwment. If (a) Borrower fails <br />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 Froperty and/or rights ander this Securiry Instrument (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture, for enforcement 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 Lender may do and pay for <br />whatever is reasonable or appropriate to protect Lender's i�uterest in the Property and rights under this Security Instrument, <br />including protecting and/oc assessing the value of the Property, and securing and/or repa'rring the Property. Lender's actions <br />can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Secucity Instrument; (b) <br />appearing in court; and (c) payiug ceaso�nahle attorneys' fees to protect its interest in the Property and/or rights under this <br />Security Iusttvment, including its secured position in a bankruptcy proceeding. Securing the Prn�erCy includes, but is not <br />limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from <br />pipes, elim.inate building or other code vialations ar dangerous canditious, and have utilities turned an or off. Although Lender <br />may take action under this Section 9, Lender dces not have to do so and is not under any dury or obligation to do sa. It is <br />agreed ttiat Lender incurs no liability For not taking any or all actions authorized under this Sectiou 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 interest at the Note rate from the date of disbursement and shall be payable, witl� <br />such interest, upon notice fram Lender to Borrower requesting payme�at. <br />If this Security Instrument is on a teasehold, Borrower shall comply with all the provisions of the lease. If Borrower <br />acquires fee title to the PropeRy, the leasehold and the fee title stiall not merge unless Lender agrees to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a cond'rtion 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 be available from the mortgage insurer that previoasly provided such insurance and Borrower was <br />required to make separately designated payments taward the premiums for Mortgage Insurance, Borrower shall pay the <br />premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost <br />substantially equivalent to the cost to Borrower of the Mortgage Insurance previausly in effect, from an alternate mortgage <br />insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contiuue to <br />pay to I,ender ttie atnouat of the separately designated payruents that were due when 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 Insurance. Such <br />loss reserve shall be non-refundable, notwithstanding the fact that the Loan 'rs ultimately paid in full, and Lender shall not be <br />required to pay Borrower any interest or earnings on such loss reserve. Lender can uo longer require loss resecve payments if <br />Mortgage Insurauce coverage (in the amount and for the period that Leuder requires) provided by an insurer selected by Lender <br />again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Martgage <br />Insurance. If Lender required Mortgage Insurance as a condition of making the Loau and Borrower was required to make <br />separately designated payments toward the prerniums for Mortgage Insurance, Borrower shalt pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirez�aeut for Mortgage <br />Insurance ends ia accordance with any written agreement between Borravver and Lender providing for such termination or until <br />termination is requ'rred by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the xate <br />provided in the Note. <br />Mortgage Insurance reimburses Lender (or any ent'rty Chat purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a paRy to the Mortgage Iasnrance. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and znay enter into <br />agreements witk� other paRies that share or modify their risk, or reduce losses. These agreements are on terms and conditions <br />that are sat'rsfactory to the rnortgage insurer and the other party (or parties) to these agreements. These agreements may require <br />the mortgage insurer to make payznents using any source of fuuds that the mortgage insurer may have available (which may <br />include funds obtained from Mortgage Insurance premiurns). <br />As a result of these agreements, Lender, any purchaser of the Note, another iusurer, any reinsurer, any ather entity, or <br />any affiliate of any of the fnregoing, 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 ian.curer's <br />risk, or reduciug losses. If such agreement provides that an affiliate of Lender takes a share of insurer's risk in exchange for a <br />share of the premiums paid to the insurer, the arrangement is often ternYed "captive reinsurance." Further: <br />(a) Any such agreements will unt affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or <br />any other terms of the Loan. Sach agreements will not increase the amoant Borrower wiU owe for Mortgage Insurance, <br />and they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rf�hts Borrower has--if any--with respect to the Mortgage Insurance <br />under Che Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosuces, to request and obtain caucellation ot' the Mortgage Insurance, ka have the Mortgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearnecl at the tinae of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Prceeeds; �'orfeiture. All Miscellaneous Proceeds are hereby assigned to and shall <br />be paid tv 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 feasi6le and Lendet's security is nnt lessened. During such repair and restoration period, <br />Lender shall have the right to hold such Miscellaneons Proceeds until Lender has had an oppoRuniry to inspect such Property <br />to ensure the wark has been completed to I.,ender's satis�action, provided that such inspection 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 Law requires interest to be paid on such Miscellaneous <br />Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Prviceeds. If the <br />restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be <br />applied ta 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 />In 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 Borrower. <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT rm 3Q2 � 1/01 <br />8ankers Syrtams, Inc., St. Ctaud, MN Fnrm MD-1-NE 8/17l2000 (puge 4of 7pages) ' <br />