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NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT <br />NECMMS - 07222013 <br />2 01500900 <br />LOAN ID # 0487722191 <br />amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than <br />the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the <br />Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance <br />proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security <br />Instrument, whether or not then due. <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence <br />within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as <br />Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees <br />in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which <br />are beyond Borrower's control. <br />7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, <br />damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or <br />not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property <br />from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that <br />repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to <br />avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with <br />damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property <br />only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and <br />restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or <br />condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of <br />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 <br />cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice <br />at the time of or prior to such an interior inspection specifying such reasonable cause. <br />S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, <br />Borrower or any 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 information) in connection with the Loan. Material representations 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 this Security Instrument. If (a) <br />Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal <br />proceeding that might significantly affect Lender's interest in the Property and /or rights under this Security <br />Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a <br />lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower <br />has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect <br />Lender's interest in the Property and rights under this Security Instrument, including protecting and /or assessing <br />the value of the Property, and securing and /or repairing the Property. Lender's actions can include, but are not <br />limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing <br />in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this <br />Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, <br />but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and <br />windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have <br />utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so <br />and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or <br />all actions authorized under this Section 9. <br />Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by <br />this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and <br />shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. <br />If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If <br />Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees <br />to the merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, <br />Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the <br />Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that <br />previously provided such insurance and Borrower was required to make separately designated payments toward <br />the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage <br />substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the <br />cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by <br />Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to <br />pay to Lender the amount of the separately designated payments that were due when the insurance coverage <br />ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu <br />of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is <br />ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss <br />reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and <br />for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is <br />obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If <br />Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make <br />separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums <br />required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's <br />requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and <br />Lender providing for such termination or until termination is required by Applicable Law. Nothing in this <br />Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. <br />Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur <br />if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. <br />Initials: <br />Form 3028 1101 (page 5 of 10 pages) <br />www.ProClose.com <br />