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200007163 <br />6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within <br />sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's <br />principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which <br />consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's <br />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 <br />is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating <br />or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration <br />is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration <br />or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the <br />Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds <br />for such purposes. 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. If the insurance or condemnation proceeds are not sufficient to repair <br />or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or <br />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 at <br />the time of or 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, <br />Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave <br />materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with <br />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) Borrower <br />fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding <br />that might significantly affect Lender's interest in the Property and /or rights under this Security Instrument (such as <br />a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain <br />priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, <br />then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and <br />rights under this Security Instrument, including protecting and /or assessing the value of the Property, and securing <br />and /or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by <br />a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees <br />to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in <br />a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, <br />change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code <br />violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this <br />Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender <br />incurs no liability for not taking any or 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 this <br />Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be <br />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 to the <br />merger in writing. <br />10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower <br />shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage <br />Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such <br />insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage <br />Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage <br />Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance <br />previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage <br />Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated <br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99 <br />Document Systems, Inc. (800) 649 -1362 Page 6 of 11 <br />NE30286. DOT <br />