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__ _ <br /> 200000 $ � ���c, <br /> �, �� � 99- 1�zssz <br /> If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds <br /> shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to <br /> Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the <br /> insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the <br /> proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. <br /> The 30-day period will begin when the notice is given. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the <br /> payments. If under paragraph 23 the Property is acquired by Lender, Borrower's right to any insurance policies and <br /> proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums <br /> secured by this Security Instrument immediately prior to the acquisition. <br /> 6. Occupancy, Preservation, Maintenance and Protsction of the Property; Borrower's Loan Application; <br /> Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days <br /> 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 <br /> shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. <br /> Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the <br /> Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that <br /> in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien <br /> created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as <br /> provided in paragraph 17,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith <br /> determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien <br /> created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during <br /> the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to <br /> provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not <br /> limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security <br /> Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title <br /> to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. <br /> 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements <br /> contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the <br /> Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or <br /> regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's <br /> rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this <br /> Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. <br /> Although Lender may take action under this paragraph 7, Lender does not have to do so. <br /> Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this <br /> Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest <br /> from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to <br /> Bonower requesting payment. <br /> 8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br /> shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br /> any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br /> assigned and shall be paid to Lender. <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br /> Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property <br /> in which the fair market value of the Property immediately before the taking is equal to or greater than the amount <br /> of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise <br /> agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds <br /> multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided <br /> by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. <br /> In the event of a partial taking of the Property in which the fair market value of the Property immediately before the <br /> taking is less than the amount of the sums secured immediately before the taking, unless Barrower and Lender <br /> otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums <br /> secured by this Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to <br /> make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the <br /> notice is given,Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of <br /> the Property or to the sums secured by this Security Instrument, whether or not then due. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such <br /> payments. <br /> 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br /> interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br /> interest. Lender sha11 not be required to commence proceedings against any successor in interest or refuse to extend <br /> time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br /> demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising <br /> any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> NEBRASKA-Single Family-iJNIFORM INS1'RUMENT <br /> oa���c sy5��,Inc.(800)649-1362 Page 3 of 6 <br /> I <br />