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, � 201109257 <br />the work is completed. If the insurance 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 />Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasoneble cause, <br />Lender 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 interior inspection specifying such reasonable cause. <br />8. Borrower's Loan Application. Borrower shall be in default if, during the Loen applicetion process, Borrower or <br />any parsons 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 Lender (or failed to provide Lender with material <br />information) in connection with the Loan. Material representetions 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 e legal proceeding that <br />might signlficantly affect LandePs interest irn the Property and/or rights under this Security Instrument (such as a <br />procesdirtg in bankruptcy, probat�, for condemnation or �forfeiture, for entorcement of a lien which may attain priority <br />over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then <br />Lender may do and pay for whatever is reasonable or appropriete to protect Lender's intarest in the Property and rights <br />under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or <br />repairing 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. Securing the Property includes, but is not limited to, entering the Property to meke repairs, change locks, <br />replace or board up doors end windows, drain weter 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 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 shell bear interest et the Note rate from the date of disbursement end shall be <br />payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shell comply with all the provisions of the lease. If Borrower <br />acquires tee 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 condition of making the Loen, Borrower shall <br />pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurence <br />coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance <br />and Borrower wes required to make separately designated payments towerd the premiums for Mortgege Insurance, <br />Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance <br />previously in affect, 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 availeble, Borrower shall continue to pay to Lender the amount of the separately dasignated 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 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 reserve payments if Mortgage Insurence coverage (in the <br />amount and for tha period that Lender requires) provided by an insurer selected by Lender again becomes availabie, is <br />obtained, and Lendar requires separately designated payments toward the premiums for Mortgege Insurance. If Lender <br />requirect �IV�ortgege (�snrArrci� as e condition' of ineking tFie Loan and BorroWer �was required ko' m'�ke `�Separat�fy <br />designated payments towerd the premiums for Mortgage Insuranbe, Borrower shall pey the premiums required to <br />maintain Mortgage Insurence in effect, or to provide a non-refundeble loss reserve, until Lender's requirement for <br />Mortgage Insurence ends in accordance with any written agreement between Borrower and Lender providing for such <br />termination or until termination is required by Applicable Law. Nothing in this Section 10 effecta Borrower's obligation <br />to pay interest at the rate provided in the Note. <br />Mortgege Insurence reimburses Lender (or eny antity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan es egreed. Borrower is not e party to the Mortgege 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 parties that share or modify their risk, or reduca losses. These agreements are on terms and <br />conditions that ara satisfactory to the mortgage insurer and the other party (or perties) to these agreements. These <br />agreements may require the mortgage insurer to meke payments using any source of funds that the mortgage insurer <br />may have available (which may include funds obtained from Mortgage Insurence premiumsl. <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 any of the foregoing, mey receive (directly or indirectly) amounts that derive from (or might be <br />characterized as) a ponion 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 effiliate of Lender takes a sNere 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 Mortgege Insurance, or <br />any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for MoRgege Insurance, <br />end they will not entitle Borrower to any refund. <br />(b) Any such agreements will not affect the rights Borrower has - if any - wlth 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 Insurence, to have the Mortgege Insurance terminated <br />autometically, and/or to receive a refund of any Mortgege Insurance premiums that were unearned at the time of such <br />cancellation or termination. <br />11. Assignment of Miscellaneous Proceeds; Forfelture. All Miscellaneous Proceeds are hereby assigned to and <br />shell be paid to Lender. <br />If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if <br />the restoretion or repeir is economicelly feasible and Lender's security is not lessened. During� such repdij� and <br />resmration period, Lender shell`fiaV9 the right to hold sacli Mfscelleneous Proceeds until Lender hes Had an opportunity <br />to inspect such Property to ansure the work has been completed to Lendar's satisfaction, provided that 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 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 ba required to pey Borrower eny interest or <br />earnings on such Miscellaneous Proceads. 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 Miscelleneous Proceeds shall be epplied 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 />Borrower. <br />In the event of a pertiel taking, destruction, or loss in value of the Property in which the fair merket value of the <br />NEBRASKA-Singie Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 4 of 7 <br />� � <br />� �, <br />