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�` _ � r` !� # � ���_ <br />. <br />201108417 <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. lf the insurance or'condemnation proceeds ar�"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 />Lender 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 shaii give Borrower notice at the time of <br />or prior to such an interior inspection speci#ying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall 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 />faise, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material <br />information) in connection with the loan. Meterial representations include, but are not limited to, representations <br />concerning Borrower'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 perform the covenants and agreements contained in this Security instrument, (b) there is a legai proceeding that <br />might significantly affect Lender's interest in the Property and/or rights under this Security �nstrument (such as a <br />proceeding in bankruptcy, probate,' for condemnation or forfeiture, for enforcement of a lien which may attain 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 reasonabie or appropriate to protect LendePs interest in the Proper�y and rights <br />under this Security Instrument, including protecting and/or assessing the value of the Property, and securing end/or <br />repairing the Property. Lender's actions can include, but are not limited to: (a) peying any sums secured by a lien which <br />has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonabie attorneys' fees to protect its <br />interest in the Property and/or rights under this Security Instrument, induding 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 buiiding or other code violations or dangerous <br />conditions, and have utilities turned on ar 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 additionai debt of Borrower secured by this <br />Security Instrument. These amounts shaii bear interest at 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 Security instrument is on a leasehold, 8orrower shafl comply with aIL#he provisions of the lease. If Borrower <br />acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lendef agrees to the merger in <br />writing. : <br />10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shaii <br />pay the premiums `required to maintain the Mortgage insurance in effect: if, for any reason; the Mortgage insurance <br />coverage required by lender ceases to be availabie 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 requered to obtain coverage substantially equivalent 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 an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage <br />is not available, Borrower shall continue to pay to Lander 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-refundabie loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding <br />the fact that the Loan is uitimately paid in fuil, 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 Lender requires) provided by an insurer selected by Lender again becomes, available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender <br />required Mortgage trrsur�nce`8s a condition of 'making ffie Loan and Borrower was' "required to make separately <br />designated payments toward the premiums for Mortgage Insurance, Borrower shali pay the premiums required ta <br />maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, untii Lender's requirement for <br />Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such <br />termination or untii #ermination is required by Applicable Law. Nothing in this Section 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 certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Tnsurance. <br />Mortgage insurers evaluate their total risk on ali such insurance in force from time to time, and may enter',into <br />agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and <br />conditions that are satisfactory to the mortgage insurer and the other party (or parties? to these agresments. 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 a result of these agreements, Lender, any purchaser of the Note, another insurer,''any reinsurer, any other <br />:-entity, or any affiliate of anyof the foregoing, may receive (directiy or indirectly) amounts that derive from (ormight be <br />characterized ast a portion of Borrower's payments for Mortgage insurance, in exchange for sharing or modifying the <br />' mortgage insurer's risk, or reducing iosses:'If such agreement provides that am affiliate of Lender takes a share of the <br />insurer's risk in exchange foC 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 />any other terms of the Loan. Such agreements wiil not increase the amount Borrower will owe for Mortgage fnsurance, <br />and they wiil not entitie 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 canceliation of the Mortgage Insurance, to have the MoRgage Insurance terminated <br />automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such <br />canceilation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfeiture. All Misceifaneous Proceeds are `hereby assigned to and <br />shall be paid to Lender. <br />lf the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restor�tion or repair is eeonorttically. feasible and Lender's seCUriYy is`not iesser�ed. During' such vepair and <br />restoration period, Lender shall have the right to hold such Miscelianeous Proaeeds until Lender has had an opportunity <br />to inspect such Property to ensure the work has been compieted to Lender's satisfaction, provided that such inspection <br />shall be undartaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of <br />progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires <br />interest to be paid on such Miscellaneous Proceeds, 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 shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Borrower. Such Miscallaneous Proceeds shail 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`lnstrument, 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 />K"^ <br />�l M <br />