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20110816� <br />the work is completad. If the insurance or condemnation proceeds are not sufficiant to repair or restore the Property, <br />Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agent may make reasonable entries upon and inspections of tha Property. If it has reasonable cause, <br />Lendar may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of <br />or prior to such an interiar inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shali be in default if, during the Loan application process, Borrower 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 informetion or statemants to Lander (or failed to provide Lender with meterial <br />information) in connection with the Loan. Material representations include, but are not limited to, represantations <br />concarning Borrower's occupancy of the Property as Borrower's principai 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 Instrument, (b) there is a legel 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, probete, for condemnation or forfeiture, for enforcement of a lien which may attain priority <br />over this Security Instrument or to enforce Iaws or regulationsl, or (c) Borrower has abandoned the Property, then <br />Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights <br />under this Security Instrument, includirag protecting and/or assassing the value of the Property, and securing and/or <br />repairing the Property. Lender's actions c.an include, but are not limited to: (aP Reying any st�sns secured by a lien which <br />has priority over this Security Instrument; Ib) appearing in court; and (c) paying reasonable attorneys' fees to protact its <br />interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy <br />proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, <br />replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous <br />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 egread 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 securad by this <br />Security Instrument. These amounts shall bear interest at the Note rate from tha date of disbursement and shall be <br />payable, with such intarest, upon natice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with ell the provisions of the lease. If 8orrower <br />acquires fee title to the Property, the Ieasehold and the fee title shall not merga unless Lender agrees to the merger in <br />writing. <br />10. Mortgage Insurence. If Lendar required Mortgage Insurance es a condition of ineking the Loan, Borrower shali <br />pay the premiums required to maintain the Mortgage Insurance in affect. Ifi; for any reason, the Mortgage 9nsurence <br />coverage required by Lender ceases to be available from the mortgage insurer that previously providad such insurance <br />and Borrower was required to make separately designated payments toward #he premiums for Mortgaga Insurance, <br />Borrower shall pay the premiums required� to obtain coverage substantially equivelant to the Mortgege Insurance <br />previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in <br />effect, from an alternate mortgage insurer selected by Lender. If substantialiy equivalent Mortgage Insurence coverege <br />is not available, Borrower shall continue ta pay to Lender the amount of the separately designated payments that were <br />due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a <br />non-refundable loss reserve in liau of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan is ultimetely 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 reserve payments if Mortgage Insurance coverage (in'the <br />amount and for the period that Lendar requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lander requires separately designated payments toward the premiums for Mortgage Insurance. If Lender <br />required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately <br />designated paymants toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requiroment for �� <br />Mortgage Insurance ends in accordence with any written agreement between Borrower and Lender providirtig for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation <br />to pay interest at tha rate provided in the Note. <br />Mortgage 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 total risk on ell such insurance in force from time to time, and may enter into <br />agreements with other parties that share or modify thair risk, or reduce losses. Thase agreementa are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties) to thesa agreements. These <br />agreements may require the mortgage insurer to make payments using any source bf funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurance premiums). <br />As a result of these agreements, Lender, any purchaser of the Note, another insurer; any reinsurer, eny other <br />entity, or any affiliate of any of the 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 ormodifying 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 />(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or <br />eny 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 mey include the right to receive certain <br />disclosures, to request and obtain cancellation of the Mortgege Insurance, to have the Mortgage Insurence terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />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 Miscelleneous Proceeds shell be applied to restoration or repair of the Property, if <br />the restoration or repair is economically feasible and Lander's security is not lessened. During such repair and <br />restoration period, Lender shall have the right to hold such Miscellaneo,us Proceeds until �,ender has h. a.d ,an,.ppporkuniSy,.. <br />to inspect such Property to ensure the work fias been completed to Lender's satisfaction, provided that such inspectio'n <br />shall be undertaken promptly. Lender may pey for the repairs and restoration in a single disbursement or ir� a series of <br />progress payments as tha work is completed. Unless en agreement is made in writing or Applicable Law requires <br />interest to be paid on such Miscellaneous Proceads, Lender shall not be required to pay Borrower any interest or <br />earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security <br />would be lessened, the Miscellaneous Proceeds shail ba epplied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscelleneous Proceeds shall be applied in <br />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 <br />applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to <br />Borrowar. <br />In the event of a pertial taking, destruction, or loss in value of the Property in which the fair market value of the <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Paga 4 of 7 �:� �� <br />