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" `' ` '` 201108164 <br />Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as <br />the work is completed. If the insuranca or condemnation proceeds are not sufficient to repair or restore the Property, <br />Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lander 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 improvements on the Property. Lender shall give Borrower notica at the time of <br />or prior to such an intarior inspection specifying such reasonable causa. <br />8. Borrower's Loan Application. Borrower shail be in default if, during the Laan application process, Borrowar or <br />any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially <br />false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material <br />information) in connection with the Loan. Material representations include, but are not limited to, representations <br />concerning Borrowar's 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) Borrower fails <br />to parform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that <br />might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as e <br />proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of e lien which mey ettein priority <br />over this Security Instrument or to enforce laws or regulationsl, or (c) Borrower has abandoned the Property, then <br />Lender may do and pay for whatever is reasoneble or appropriete to protect Lender's interest in the Property and rights <br />under this Security Instrumant, including protecting and/or assessing the value of the Property, and securing and/or <br />rapairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which <br />has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its <br />interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy <br />proceeding. S�curing the Property includes, but ia not limited to, entering the Property to make repairs, 'change (ocks, <br />replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />conditions, and hava 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 <br />any or all actions 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 interest et the Note rate from the date of disbursement and shall be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Securiry Instrument is on a leasehold, Borrower 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 Lender agrees to the merger in <br />writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a conditian 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 <br />coverage required by Lander ceasas to be available from the mortgage insurer that previously provided such insurance <br />and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, <br />Borrower shall pay the premiums required to obtain coverage substentially equivelent to the Mortgage Insurance <br />previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in <br />effect, from en alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurence covarage <br />is not available, Borrower shall continue to pay to Lender the amount of the separately designeted payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, usa end retain these payments as a <br />non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings <br />on such loss reserve. Lender can no longer require loss raserve payments if Mortgage Insurance coverage (in the <br />amount and for the period thet Lender requires) provided by en insurer selected by Lender again becomes aveileble, is <br />obteined, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender <br />required Martgaga Insurance as a condition of making the Loan and Borrower was required to make separately <br />designated payments toward the premiums for Mortgage Insurence, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-rafundable loss reserve, until Lender's requirament for <br />Mortgage Insurance ends in accordanca with any written agreement between Borrower and Lender providing for sych. <br />termination 6r until termination is required by Appiicable Law. Nothing in this Sectiiin 10 affects Borrower's obligation <br />to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certein losses it may incur if <br />Borrower does not repay the Loan as agraed. Borrower is not a party to the Mortgage Insurence. <br />Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into <br />agreements with other perties that share or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that are satisfactory to tha mortgage insurer and the other party (or parties) to these agreements. These <br />agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As e result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other <br />entity, or any affiliate of any of tha foregoing, may receive (directly or indirectly) amounts that derive from (or might be <br />characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the <br />mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the <br />insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive <br />reinsurance." Further: <br />(e1 Any such agreements will not affect the amounts that Borrower has agreed to pey for Mortgege Insurance, or <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 any - with respect to the Mortgage Insurance <br />under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance termineted <br />automatically, and/ar to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />canceliation 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 demaged, such•Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoration or repair is economically fessible end Lender's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had en opportunity, <br />to inspect such Property to ensure the work has been compl8ted to Lender's satisfection,�pTOVided'thet suCh inspection <br />shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of <br />progress payments as tha work is completed. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on such Miscellaneous Proceeds, Lender shali not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economlcally feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whather or not then due, with the excess, if eny, paid to Borrower. Such Miscellaneous Proceeds shall be applied in <br />tha order provided for in Section 2. <br />In the event of a totel taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shali be <br />applied to the sums secured by this Securiry Instrument, whether or not then due, with the excess, if any, paid to <br />Borrower. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 7 <br />C � <br />