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201208585 <br />of insurance coverage, not otherwise required by Lender, for damage to, or destrucrion of, the Property, such policy shali <br />include a standard mortgage ciause and sha11 name Lender as mortgagee and/or as an additional loss payee. <br />In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof <br />of loss if not made promptly by Borrower. Unless Lender and Bonower otherwise agree in writing, any insurance <br />proceeds, whether or not the underlying insurance was required by Lender, sha11 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 shall have the right to hold such insurance proceeds until Lender has had an opportunity to <br />inspect such Properiy to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall <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 Applicable Law requires interest <br />to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the �n�*�nce <br />proceeds and shall be the sole obligation of Borrower. 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 norice 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 Property under Section 22 or otherwise, Borrower hereby assigns to Lender <br />(a) Borrower's rights to any insurance proc�ds in an amount ttot to exceed the amounts unpaid under the Note or this <br />Security Instrument, and (b) any other of Borrower's rights (other thaa the right to any refund of unearned premiums paid <br />by Borrower) under all insurance policies covering the Properiy, insofaz as such rights aze 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'Inshument, 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 cotttinue to occupy the Property as Borrower's principal <br />residence for at least one yeaz 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, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is <br />residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or <br />decreasing in value due to its condition. Unless it is determined pursuant to Secrion 5 that repair or restoration is not <br />economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deteriorarion or damage. <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 Ptoperty 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 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 shall give Bonower 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 lmowledge 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 representations include, but are not limited to, representations <br />concerning Borrower's occupancy of the Property as Borrower's principal residence. <br />NEBRASKA Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT wtth MERSForm 3028 1/01 <br />Page 6 of 13 � <br />ios, ina Borrower(s) IniUals �1 � <br />