|
2012033z�
<br />proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the
<br />Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
<br />restoration period, Lender sha11 have the right to hold such insurance proceeds until Lender has had an opportunity to
<br />inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection sha11
<br />be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
<br />progress payments as the work is completed. Unless an agreement is made in writing or Applic�ble Law requires interest
<br />to be paid on such insurance proceeds, Lender sha11 not be required to pay Borrower any interest or eamings on such
<br />proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the inc�,�nce
<br />proceeds and sha11 be the sole obligation of Bonower. If the restoration or repair is not economically feasible or Lender's
<br />security would be lessened, the insurance 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 insurance proceeds sha11 be applied in the order
<br />provided for in Section 2.
<br />If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
<br />matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
<br />settle a claim, then Lender may negotiate and settle the claim. The 30-day period will be�in when the ttotice is given. In
<br />either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
<br />(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
<br />Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of uneamed premiums paid
<br />by Borrower) under all insurance policies covering the Property, insofaz as such rights are applicable to the coverage of
<br />the Property. Lender may use the inc�„�,n� proceeds either to repair or restore the Properiy or to pay amounts unpaid
<br />under the Note or tlus Security Instrument, whether or not then due.
<br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
<br />days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
<br />residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent sha11
<br />not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
<br />7. Preservation, Maintenance and Protectioa of the Property; Inspections. Borrower shall not destroy, damage
<br />or impair the Property, a11ow the Property to deteriorate or commit waste on the Properiy. Whether or not Borrower is
<br />residing in the Property, Bonower shall maintain the Property in order to prevent the Property from deteriorating or
<br />decreasing in value due to its condiriott. Unless it is determined pursuant to Section 5 that repair or restoration is not
<br />economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or da,mage.
<br />If insurance or condemnation proceeds aze paid in connection with damage to, or the taking of, the Property, Borrower
<br />shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender
<br />may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
<br />is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is
<br />not relieved of Bonower'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 shall give Borrower notice at the time of or
<br />prior to such an interior inspection specifying 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 />false, misleading, or inaccurate information or statemettts to Lender (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 Borrower's occupancy of the Property as Borrower's principal residence.
<br />9. Protection of Lender's Interest in the Property and Rights Under tLis Security Instrument If (a) Borrower
<br />fails to perform 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 Instntment (such as a
<br />proceeding in banlauptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
<br />NEBRASKA -Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT wtth MERSForm 3028 1/01
<br />Page 6 of 13 �p
<br />ios, inc. Borrower(s) Initial It
<br />
|