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20120�6�� <br />proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the <br />Properiy, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair aad <br />restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opporlvnity to <br />inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall <br />be undertakea 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 Applicable Law requires interest <br />to be paid on such insurance proceeds, Lender sha11 not be requ.ired to pay Boaower any interest or earaings on such <br />proceeds. Fees for public adjusters, or other third parties, retained by Borrower sha11 not be paid out of the insurance <br />proceeds and sha11 be the sole obligation of Borrower. If the restoradon or repair is not economically feasible or Lender's <br />security would be lessened, the insuraace proceeds sha11 be applied to the sums secwed by tlus Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such inc�rs�nce proceeds sha11 be applied in the order <br />provided for in Section 2. <br />If Bonower abandons the Property, Lender may file, negoriate and settle any available insurance claim and related <br />matters. If Borrower does not respond within 30 da.ys 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 begin when the notice is given. In <br />either event, or if Lender acquires the Properiy under Secrion 22 or otherwise, Borrower hereby assigns to Lender <br />(a) Borrower's rights to any insurance proceeds itt 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 unearned 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 insurance proceeds either to repair or restore the Property or to pay amounts unpaid <br />under the Note or this Security Instntment, whether or not then due. <br />6. Occupancy. Borrower sha11 occupy, establish, and use the Property as Borrower's principal residence within 60 <br />days after the execution of this Security Instr�ument 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 shall <br />not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage <br />or impair the Property, a11ow the Properiy to deteriorate or commit waste on the Property. Whether or not Bonower is <br />residing in the Property, Bonower sha11 maintain the Property in order to prevent the Properiy from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not <br />economically feasible, Borrower shall promptly repa3r the Property if damaged to avoid fiarther deterioration or damage. <br />If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower <br />shall be responsible for repa.iring or restoring the Property only if Lender has released proceeds for such purposes. Lender <br />may disburse proceeds for the repairs and restorarion 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 Properiy, Borrower is <br />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 Properiy. If it has reasonable cause, <br />Lender may inspect the interior of the improvements on the Property. Lender sha11 give Bonower notice at the time of or <br />prior to such an interior inspection specifyi'ng 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 lmowledge or consent gave materially <br />false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material <br />informarion) in connection with the Loan. Material representa.rions 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 Tnterest in the Property and Rights Under this Security Instrumen� 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 Instrument (such as a <br />proceeding in banlmiptcy, probate, for condemnarion or forfeiture, for enforcement of a lien which may attain priority <br />NEBRA.SKA -Single Family-Fannle Ma�/Froeddle Mac UNIFORM INSTRUMENT wlth MERSForm 3028 7/01 <br />Page 6 of 13 <br />ios, ina Borrower(s) <br />