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201204597 <br />If Borrower abandons tlie Properiy, Lender may file, negotiate and settle any available insurance claim and <br />related matters. If Borrower does not respond wittun 30 days to a notice from Lender that the insur�uice carrier <br />lias offered to settle a clai�n, then Lender may negotiate and settle the claiin The 30�ia,y period will begin wlien <br />the notice is given In either ever�t, or if Lender acquires lhe Property under Section 22 or otherwise, Borrower <br />hereb,y assigns to Lender (a) Borrower's righis to amy insura�e proceeds in an amouirt �t to e�ceed the amounts <br />unpaid under the Note or flus Security Instrument, and (b) any otl�er of Borrower's rigltts (od�r than the rigirt to <br />any reftuid of unearned premiums paid by Borrower) untler all insurance policies covering the Properiy, insofar as <br />such rights are applicable to ihe coverage of die Property. Lender may use tlie inswa�e proc�eds eitl�r to repair or <br />restore the Property or to pay amounts unpaid under the Note or tlus Security u�strui�rent, whetlier or not tt�n due. <br />6. Occupancy. Borrower sl�all occupy, establish, and use the Property as Borrower's principal residence <br />witlun 60 days after the execuUon of tlus Security Instnunent and shall continue to occupy tl� Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender othenvise agrees <br />in writing, which consent shall not be unreasonably witlilield, or unless estenuating circumstances e�ist wluch <br />are beyond Borrower's control. <br />7. Preservation, Maintenance and Prntection of the Property; Inspections. Borrower sl�all not <br />desuo,y, damage or impair the Propert,y, allow the Property to deteriorate or commit waste on die Property. <br />Whether or not Borrower is residing in the Property, Borrower shall maintain the Properly in order to prevent <br />the Pmperiy from deteriorating or decreasing in value due to its condition. Unless it is determined pursua.nt to <br />Section 5 that repair or restoraUon is not economically feasible, Borrower shall promptly repair the Property <br />if damaged to avoid furtlier deterioration or damage. If insurance or condemnation proceeds are paid in <br />connection widi damage to, or the taking of, the Property, Borrower sl�all be responsible for repairing or <br />restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds <br />for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. <br />If the insurance or condemnation proceeds are not sufficient to repair or restore the Properiy, Borrower is not <br />relieved of Borrower's obligation for the completion of such repair or restoration. <br />Lender or its agerrt may make reasonable entries upon and inspections of the Properly. If it has reasonable <br />cause, Lender ma,y inspect the interior of tlte improvements on the Properiy. Lender shall give Borrower <br />notice at the time of or prior to such an interior inspection specifying sucli reasonable cause. <br />8. Borrower's Loan Application. Bonower shall be in default if, during the Loan applicaUon process, <br />Borrower or am persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent <br />gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender <br />with material infonnation) in connection with the Loan. Material represerrtations include, but are not limited to, <br />representations 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 tbis Security Instrument <br />If (a) Borrower fails to perform the covenants and agreements contained in tlus Security Instrument, (b) there <br />is a legal proceeding that might significanfly affect Lender's interest in the Properiy and/or rights under <br />this Security Instruuient (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for <br />enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), <br />or (c) Borrower has abandoned the Property, then Lender may do and pay for wl�atever is reasonable or <br />appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including <br />protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's <br />actions can include, but are not limited to: (a) paying any sums secured by a lien wluch has priority over tlus <br />Security Instnunent; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest <br />in the Property and/or rights under tlus Security Instrument, including its secured position in a bankruptc,y <br />proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change <br />locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code <br />violations or dangerous conditions, and l�ave utilities turned on or off. Althougli Lender may take action under <br />dus Section 9, Lender does not have to do so and is not under any duty or obligalion to do so. It is agreed that <br />Lender incurs no liability for not taking an,y or all actions authorized under dus Section 9. <br />NCBRASIiA—Single Family—Fannie Mae/Freddle Mac LINIFORM INSTRUNIENT Form 30281/Ol <br />NEBRASKA-MERS a►eatDocs�' <br />ITEM 2698L7 (072811) (Page 7of 95) <br />